CHHITARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the judgment dated May 22, 1980 Oct. passed by the learned Additional Sessions Judge No. 2 Baran in Criminal Appeal No. 34/90 (135/87) whereby, be affirmed the judgment of the learned Judicial Magistrate, First Class, No. 1 Baran dated December 3, 1987, passed in criminal case No. 54/83, whereby, the sentence Under Section 326. IPC was reduced from two years rigorous imprisonment to four months' rigorous imprisonment and fine of Rs. 100/ -was maintained in default of which, he will further undergo 15 days further rigorous imprisonment like that.

(2.) IT is submitted by Mr. Jaswant Singh, learned Counsel that all other accused -persons were convicted Under Section 323, IPC and were give benefit of Probation of Offenders Act. A fine of Rs. 125/ - was also imposed on each of the Probationers, which was to be paid to Tulsi Ram, Jagdish, Kishan Singh alias Chaturbbuj and Khuman Singh.

(3.) I have heard both the parties and also gone through the judgments of both the courts, Merely, because in the FIR, it was mentioned that the petitioner was armed with lathi, will not cause any shadow of doubt on the statements of P.W. 2 Kishan Singh and P.W. 5 Khuman Singh, who are said to be eye -witnesses. The medical report also supports the statements of these witnesses, inasmuch as incised wound has been caused to the injured Chaturbhuj.