ISHWAR Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Ishwar, son of Bhagwan challenging his conviction under Section 324, Indian Penal Code. He also challenges the imposition of sentence of three years, Rigorous Imprisonment awarded to him for having committed that offence.

(2.) THE appellant herein alongwith seven other accused was tried for offences under Sections 147/148/149 and 302 of the Indian Penal Code and for offences under Sections 325 and 326 read with Section 149 of the Code. The learned Additional Sessions Judge after trial found that there was no unlawful assembly. All the accused were acquitted of the offence under Section 302 IPC of murder. However, the appellant was convicted as noticed above under Section 324 of the Indian Penal Code. The allegation against him that he had inflicted a grievous injury to Ramji Lal on 16th April, 1972 at about 4.00 p.m. with a knife has been held to be proved. In that incident, it may be noticed that the main allegation of the prosecution was that one the accused Nathu had inflicted a fatal blow on one Surja, who died on the next day in the Irwin Hospital. The State filed an appeal against the acquittal of Nathu which by a separate order of October 28, 1987 has been dismissed by us. We have upheld the findings of the trial Court that there was no unlawful assembly. We further upheld that the Medical evidence was completely contrary to the oral evidence. That very oral evidence falls for consideration in this appeal also.

(3.) TO appreciate the rival contentions, we may notice a few facts.