JASSO Vs. STATE

JUDGEMENT

(1.) Jaso, Ratto and Moti were convicted by the learned Additional Sessions Judge under Section 326 read with Section 34 of the Indian Penal Code and each one of them was sentenced to undergo regorous imprisonment for three years. Aggrieved by the said judgment of conviction and order of sentence they filed this apeal. However, Jasso and Moti are. already dead.

(2.) Balraj (Public Witness 2) is the injured. PW1 Ram Prashad is his father while Sita Devi (PW4) is his mother. This is how the prosecution version unfolds itself from the evidence given by the said three persons.

(3.) While Ram Prashad was in his house, the appellants came there and made a demand for Rs.500.00 and threatened to stab him in case their demand was not met. They were all armed. When Ram Prashad expressed his inability to meet the demand the appellants grappled with him and fell him on the ground. Soon thereupon Balraj and Sita Devi also came there and when Balraj and Sita Devi tried to intervene Jaso who was armed with a chhuri stabbed Balraj in the stomach while Moti, who was armed with a sua also struck him and caused injury on his leg and Rato caused injury on the person of Sita Devi with a Sua. Soon thereafter the appellants took to their heels. Later Balraj was removed to the hospital where he was admitted and lateron operated upon. As per Dr. S. Mehra (Public Witness 7). injuries on his person were grievous in nature.