BACHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment passed by learned S.J., Bharatpur convicting the appellant Bachu Singh under Sec. 307 Penal Code and sentencing to seven years' rigorous imprisonment and a fine of Rs. 500.00 in default of payment of fine, to further undergo six months' regorous imprisonment.

(2.) Case started on a report lodged on 11th April, 1988 by one Subhash at Police Station Kotwali wherein he had alleged that on 11th March, 1988 when he and his mother had gone for doing labour leaving his sister Sharda aged 14 years, who had gone to latrine. At that time accused Bachu Singh came and opened the gate of the latrine and started teasing his sister. When she objected he gave her a knife blow. Case was registered for offences under Sections 307 and 354 IPC. After investigation the case was challenged for the aforesaid two offences. Learned S.J. framed the charges for offences under Sec. 307 read with Sec. 324/326 and 354 IPC. After trial, the learned S.J. acquitted the accused of offences under Sec. 354 Penal Code and did not believe the story of outraging the modesty. He, however, found that the injury was caused by the accused to Mst. Sharda and that he has convicted and sentenced him as indicated above.

(3.) When the bail application, which has been filed alongwith this appeal, came up for hearing, after hearing for some time the court was of the opinion that the whole case can be disposed of at the stage of bail application. Thereafter, after hearing the bail application, the court sent for the report of the District Probation Officer, Bharatpur.