RAMLA @ RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.7.82 passed by learned Sessions Judge, Alwar whereby the appellant was found guilty under section 326 Penal Code and has been sentenced to three years R.I. and a fine of Rs. 300.00; on default of payment of fine to further undergo three months S.I.

(2.) Brief facts giving rise to this appeal are that Shri Ramkaran lodged a report on 16.2.82 at 7.30 P.M. at police station Laxrnangarh stating therein that on 15.2.82 Girraj was coming from Jungle. At that time he saw the son and grand son of Amra Gujar grazzing their sheeps and goats in his field at about 3.00 P.M. The present appellant was having a Tancha (small axe). Other two co-accused were having lathies, Some hot words were exchanged between Girraj and accused persons. The appellant inflicted a blow by a 'Tancha' on fore-head of Girraj causing injury on his fore-head. The two other persons inflicted lathi blows. Devi Sahai and Kishore are said to be the eye witnesses of the occurrence, who in,formed Ram Karan. Ram Karan thereafter reached :he side and found Girraj in unconscious state on the boundary wall of his field. Ram Karan brought Girraj in to his village and was taken to hospital. On the aforesaid report a case under section 307 and 323 Penal Code was registered and after investigation the challan was filed against three accused for the aforesaid offences. The learned trial court after recording the evidence of the prosecution witnesses and hearing the parties found that no offence is made out against the co-accused Pyare and Charan. They were acquitted but the accused appellant was found guilty for the said offence and he was sentenced as aforesaid.

(3.) Heard learned counsel for the parties and perused the entire record. Learned counsel for the appellant contended that in this case FIR was lodged after 28 hours of the incident. But a look at the FIR shows that the FIR was lodged after" 52 hours as is clear from the statements of PW.2 Ram Karan (Informant). From the statement of his last two lines it appears that the report was lodged after 52 hours. Learned Counsel, therefore contended that delay in lodging the report is fatal for the prosecution.