CHANDRA SHEKHAR AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction passed by the 1 learned Sessions Judge, Jalore on 23.7.86 in Sessions Case No. 27/85 whereby the learned Judge has convicted the accused-appellant Chandra Shekhar for offence under section 325 I.P.C. and accused-appellant Onkar Singh for offence under section 325 read with S. 34 I.P.C. of one year's R.I. and a fine of Rs. 200.00 and in default of payment of fine, to undergo three months' S.I. and both the appellants have further been sentenced for offence under section 323/34 I.P.C. for three month's S.I. and a fine of Rs. 100.00 and in default of payment of fine, to undergo one month's S.I., the appellants have preferred this appeal.

(2.) With the assistance of the learned counsel for the appellants and the learned PP, I have scrutinised the record and re-appreciated the evidence on record.

(3.) The prosecution story as emerges from re-appreciation of evidence is that on 7.8.85 at about 9.30-10 in night when the complainant was passing by the Jalore Govt. Hospital square, the accused came in a tempo and assaulted him. On the basis of the first information report (F.I.R.) lodged by the complainant on these facts, investigation was conducted and the accused were prosecuted for offences punishable under sections 307, 325 read with S. 34 I.P.C. Since they were charged for offence under section 307 they were committed to Sessions for trial. The learned Sessions Judge, Jalore conducted the trial in Sessions Case No. 27/85. He on appreciation of the evidence as recorded by the prosecution, came to the conclusion of guilt and by his judgment impugned, convicted the accused as aforesaid. It is this judgment of conviction, which is assailed in this appeal on the grounds mentioned in the memo of appeal as also verbally argued before me.