DARSHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Darshansingh has been convicted under Section 326 and 324 of the Indian Penal Code and sentenced to undergo three years' rigorous imprisonment and a fine of Rs. 100/ -, in default of payment of fine to further suffer rigorous imprisonment for one month under the first count and to one year's rigorous imprisonment and to pay a fine of Rs. 100/ - under Section 324, Indian Penal C de and in default to further suffer one month's rig(sic)ous imprisonment under she second count.

(2.) IN brief, the case of the prosecution is that September 29, 1974, at the hotel of one Hasmatrai at Ganganagar, Ramkumar PW 1, Shivlehari PW 2 Jangsharkhan PW 3 and Ramsingh PW 4 were taking their meals in the night at about 9.00 pro The accused appellant was also having his meals in the same hotel and was also consuming alcohol. The accused appellant enquired of Shivlehari PW 2 as to where Raghuvir, a driver of the roadways has gone and Shivlehari PW 2 replied that Raghuvir had gone to Jaipur. Shivlehari is also an employee in the Roadways and at the relevant time, was posted as Ganganagar After having their meals, all the above named four persons left the hotel of Hasmatri and they proceeded towards Adarsh Talkies, Ganganagar. When they were near the garrage of one Sadhusingh, which was allegedly open at the time, Ram Singh PW 4 and Jangsharkhan PW 3, in order to go to (sic)ards Purani Abadi, went towards the wooden bridge and Shivlehari PW 2 and Ramkumar PW 1 proceeded ahead. They had hardly travelled a few paces, it is alleged that the accused, apoeltant came from behind on a cycle with a dagger (Chhura) in his hand. He obstructed the path of Ram Kumar and Shivlehari and it is alleged that he assaulted Shivlehari and Ram Kumar with his dagger as a result of which, both of them received injuries. They raised an alarm. Jangsharkhan PW 3 and Ram singh PW 4 had hardly gone a few yards away and returned to the scene of occurrence. It is alleged that the accused took to heels. The injared persons Ramkumar and Shivlehari were taken to the hospital and Ramsingh PW 4 lodged a report. Ex. P12 with the police station Kotwali Ganganagar at about 11.15 p.m., that is, hardly without any delay.

(3.) IT is contended by the learned advocate for the accused appellant that out of the two injured persons Ramkumar and Shivlehari, Ramkumar received grievous injuries by sharp weapon but as he has not supported the prosecution, the liability cannot be fastened on the accused. He farther submits that there was darkness and there was no source of light and, therefore, the possibility of a mistaken identify of the assailant of Ramkumar and Shivlehari cannot be excluded. I shall presently show that none of these arguments of the learned Counsel for the appellant has any force.