JAIKAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a joint appeal by all the four convicted accused persons who were tried in the court of the learned Sessions Judge, Balotra in sessions case No. 12/79. The learned trial court, after completion of the trial convicted the appellant Jaikan under section 307, I. P. C. and sentenced him to four years' R. I. and a fine of Rs. 1000/-, while the remaining appellants were convicted under section 325/34, I. P. C. and were sentenced to two years' R. I.

(2.) THE prosecution case is that on 19. 11. 78 P. W. 3 Panchya and P. W. 2 Ananda were in their 'dhani'. THEn all the four accused persons came there and assaulted Ananda with their respective weapons which they had at that time. A report of the incident was lodged on the same day by P. W. 3 Panchya and the police after registration of the case did all the formalities. THE injuries of injured Ananda were examined by P. W. I Rajendra Singh Mehta. As per statement of doctor, the injured had sustained 24 injuries. THE doctor found all the injuries except injury no. 4, to be simple in nature. Injury no. 4 is an incised wound on the right lower 2/3rd of forearm and this injury was found to be grievous on x-ray examination. THE doctor further opined that all the injuries sustained by the injured were not sufficient in the ordinary course of nature to cause his death.

(3.) CONSEQUENTLY, the appellant Jai Kan is acquitted from charge under section 307, I. P. C. and he is convicted under section 326, I. P. C. and is sentenced to the period already undergone by him and to pay a fine of Rs. 2000/ -. The conviction of the appellants Kesa, Birda and Sona under section 325/34 is also maintained and they are sentenced to the period of imprisonment already undergone by them and to pay a fine of Rs. 1000/ -. In default of payment of fine, the appellant Jai Kan shall undergo R. I. for six months, while the remaining appellants shall undergo R. I. for four months. Three months time is granted for depositing the fine. In case the fine is deposited by the accused persons, the entire amount shall be paid to the injured Ananda and the learned trial court is directed to take steps to make the said payment.