SAMARTH LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the order dated 29.6.2001 passed by Additional Sessions Judge, Rajgarh, District Alwar in Criminal Appeal No. 60/1999 whereby he has dismissed the appeal and confirmed the judgment and order dated 23.9.1999 passed by Civil Judge (Junior Division) and Judicial Magistrate, Rajgarh, District Alwar in Criminal Case No. 266/1996 whereby he has been convicted the petitioner under Sec. 326 I.P.C. and sentenced him to undergo three years' simple imprisonment and to pay a fine of Rs. 500.00, in default of payment to further undergo three months' simple imprisonment.'

(2.) Brief facts of the case are that on 1.12.1992 at 2.15 P.M. Parmeshwar Dayal, Head Constable 1120, Police Station Rajgarh recorded the Parcha Bayan of the injured Girraj son of Shri Kanhaiyalal admitted in Refral Hospital, Rajgarh. It was stated that on 1.12.1992 at about 9.30 A.M. he was warming water in the kitchen at his house, when he came out of his kitchen, he found Khilari and Samarath Lal sons of Dhanna of his village. It was stated that Khilari made an attempt to inflict Ballam blow on him which was warded of by his right hand, then Samarath Lal inflicted Farsi blow on his left hand as a result of which he sustained serious injury. It was further stated that Dhanna had broken the leg of his (Bhuwa) at about three years ago. In that case, his father Kanhaiaya Lal had given evidence and since then they are enmically disposed. This incident was witnessed by Nanda son of Narayan and Mohan Lal son of Hira Lal. He was got admitted in hospital by his father.

(3.) On the aforesaid Parcha Bayan the police registered a case under Sections 451, 323 and 324 I.P.C. vide F.I.R. No. 151/1992 at Police Station Tehla and started investigation.