SUJANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal directed against the judgment of conviction passed by the learned Sessions Judge, Jalore dated 4th November 1979 whereby the learned Judge has convicted the accused-appellant under sec-tion 307 IPC and sentenced him to five years' rigorous imprisonment and a fine of Rs. 500/ -. Likewise under section 326 IPC he has also been convicted and sentenced to 5 years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo three months' rigorous imprisonment. Under sec. 324 IPC he has been convicted and sentenced to one year's rigorous imprisonment. All the sentences have been directed to run concurrently.

(2.) THE brief facts giving rise to this appeal are that on 14. 06. 1 979 a written report was filed at the Police Station Sanchare in the early morning at 4 A. M. by Akha stating therein that on the previous night his son Chatra was sleeping at his well, one Champa son of Jawa Rebari was also sleep in gnearby him on the cot. At about mid night, he heard a sound of beating and he immediately rushed and found that Chatra was bleeding from the head and was lying in an injured condition. Some more people reached on the scene also. THE injured Chatra informed him that accused Sujana and Lakha have dealt axe blow on his head, nose, eye etc. After causing these injuries both the accused ran away from that place. On the basis of this information a case under section 307 read with section 34 IPC was registered against accused Chatra and Lakha. THE injured was immediately sent to the hospital and necessary medical assistance Was provided. THE injured's nasal bone was fractured and his eyes also received a great damage. After completing the necessary investigation a challan was filed against both the accused persons under sections 307, 326, 324 read with section 34 I. P. C. THE prosecution in support of its case examined six witnesses. THE learned Sessions Judge after due trial convicted accused Chatra as aforesaid. Hence the present appeal.