SOMA Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) The accused-appellant Soma has been convicted and sentenced as below vide judgment dated 25.09.1997 passed by the learned District & Sessions Judge, Doongarpur in Sessions Case No.35/1997. Conviction for Sentences Default Sentences offence under Sections 326 I.P.C. 7 years RI with fine 1 Year's R.I. of Rs.1,000/- 325 I.P.C. 3 Years' R.I. with fine 1 Year's R.I. of Rs.500/- 341 I.P.C. One month's RI -- All substantive sentences awarded to the accused were ordered to run concurrently.

(2.) Being aggrieved of his conviction and sentences, the accused-appellant has preferred the instant appeal under Section 374 (2) Cr.P.C.

(3.) The prosecution case emanates from the oral report submitted by Vajja (PW/8) recorded at the Police Station Ganeshpur, District Doongarpur to the ASI, Shri Kamla Shanker (PW/9), on the basis whereof, an FIR No.27/1997 (ExP/5) was registered. As per the FIR, the complainant party and Soma (appellant herein) were indulged in a land related strife. On 25.02.1997 at about 8:00 p.m., the injured Shanker was proceeding from his field and on the way, he was accosted and assaulted by Soma who was armed with a sword. Due to the blow, which landed above the left ankle of the Shanker, his leg got chopped off Shanker fell down, whereafter, Soma, Amrit and Smt. Huraj, all rained indiscriminate blows on him with axe, sword and lathi, because of which he received a large number of injuries on his body. On hearing his cries, Vajja ran towards him and saved him. Haamji, Kaliya etc. also reached there. Shanker was taken to the Doongarpur Hospital in a jeep, from where he was referred to Shamlaji (Gujarat). Shanker was medically examined at the General Hospital, Doongarpur by Dr. Rakesh Verma (PW/1) who noticed the following injuries on his body:-