NANDU Vs. STATE

JUDGEMENT

(1.) THE petitioner is convicted and sentenced for committing the offence under Section 325 I. P. C. He is sentenced to simple imprisonment of two months for this offence.

(2.) SIMPLE facts of the case are that according to the prosecution the petitioner-accused is a nephew of the injured person Lahari Ram and litigation between the two is going on about some dispute over the agricultural land. It is said that on 1-12-1976 at about 4 P. M. when Lahari Ram was basking in sunlight along with his family members, namely, his wife Achhari Devi and daughter-in-law Biasa Devi, the accused suddenly came from behind with a Danda and gave Danda blows to Lahari Ram. Lahari Ram began to bleed. At the relevant time there was some marriage at the adjacent village with the result that many persons of the village, including the neighbours and some family members of the injured person had gone to attend that marriage, '. therefore, Lahari Ram could not avail of the assistance of other villagers or neighbours. Ha was, however, taken to hospital at Sarkaghat by his wife Achhari Devi and admitted in the hospital on the next date, that is, 2-12-1976. The doctor on examination suspected some fracture. On X-ray examination it was found that transverse processes of first, second, third and fourth left lumber vertebrae were fractured.

(3.) IT was after the injured was admitted in hospital that his wife Achhari Devi lodged the report about the incident at the police station on 5-12-1976 at about 2 P. M.