JAI DEV Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioner is convicted for offences under Sec. 326 I.P.C. and has been sentenced to undergo imprisonment for a period of one year and fine of Rs. 5,000.00 and in default of payment of fine to undergo further simple imprisonment for a period of one month. Out of the fine amount realized, a sum of Rs.2000.00 has been directed to be paid to the complainant. These sentences have been confirmed by the learned appellate Court.

(2.) The case against the petitioner is that on 13.10.1995 at about 1 p.m. complainant Lal Singh (PW2) was going towards his field when the petitioner accosted him, started quarrelling, threatened him and struck him with a darat (sickle) on the left ear as a result of which he sustained injuries therein. He was thereafter beaten up with stones causing injuries on his arm, back and neck of the complainant. He raised a hue and cry whereupon Hem Singh, PW3 Damodar, PW5 Pamplu Devi and Megharu Devi rushed to the spot. On this, the accused fled away from the scene of occurrence. The prosecution examined nine witnesses and on their evidence held that the assault, in fact, was proved.

(3.) PW4 Dr. D.D. Rana issued Medico Legal Certificate Ext. PW4/A enumerating five injuries. The learned trial Court, holds that injury No. 1 which was opined to be grievous by the doctor and has been inflicted with a sharp edged weapon, the petitioner accused was sentenced under Sec. 326 I.P.C. and not under Sections 323 and 324 I.P.C. Appeal preferred has been dismissed by the learned appellate Court.