MEHTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal arises against the judgment date 14. 9. 79 passed by learned Addl. Sessions Judge, Udaipur in Sessions Case No. 39/79 by which he convicted and sentences the appellants u/s 323 IPC to 9 months' R. I. and a fine of Rs. 300/-

(2.) THE incident is alleged to have taken place on 6. 11. 78. while the report came to be lodged on November 12. 1978 at Police Station Dekariya, District Udaipur. THE prosecution case, as given out in the report is that Bhoma had come to village Taloi Phalan Koop, where the residence of his sister Smt. Chunni lies. It is alleged that Bhoma had brought a transistor radio which belonged to the accused appellant Vena Ram. Some altercations took place all of a sudden and the accusation against the accused- appellants is that they gave beating to Bhoma Ram with fists and kicks. On intervention of Smt. Chunni the sister of Bhoma Ram the beating is alleged to have been stopped by the accused. Bhoma Ram is said to have did next day. However, no attempt was made to lodge any report at the police station either by Bhoma Ram or by his sister Smt. Chunni or any other person who was alleged to be there. No injury report was got prepared and no medical aid is said to have been sought from any Medical Officer. THE report came to be lodged after six days of the incident.

(3.) THE learned Public Prosecutor, though opposed this request but not so seriously.