FATTA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused -appellant Fatta Ram was convicted Under Section 326 and 324 IPC by the learned Addl. Sessions Judge, Sri Ganganagar in sessions case No. 26/79 and was sentenced to two years' R.I. and a fine of Rs. 500/ - and six months' R.I. and a fine of Rs. 200/ - respectively. Aggrieved against his conviction and sentences the appellant has preferred the present appeal.

(2.) THE prosecution case is that on 17 -1 -1978, the injured Jasbir Singh accompanied with Pritam Singh Bhati and other person went to the village 4B in district Sri Ganganagar. They had gone to converse for the candidature of Pritam Singh Bhatti who was contesting the Panchayat election. It is alleged that Fatta Ram was also approached by them for his vote but he refused to oblige saying that Jasbir Singh had come to ask for the vote and they was having enmity with him Other persons were also present at that time and it is further alleged that the accused -appellant also abuses but be was pacified by other persons. On the same day at 5.30 P.M. when injured Jasbir Singh was sitting in the village chowk along with other persons, then the appellant Fatta Ram is said to have come with a spade and inflicted a blow on the bead of Jasbir Singh. The second blow was given on the hand. Jasbir Singh was brought to hospital at Kesrisinghpur and the Medical Officer sent an intimation to the SHO, Police Station, Kesrisinghpur at 7.15 P.M. on the same day. On the said information, the SHO Shri Balwant Rao came to the hospital and recorded the statement on Jasbir Singh injured. On the basis of the 'Parcha.Bayan' of Jasbir Singh a case was registered Under Section 307 IPC.

(3.) I have heard the learned Counsel for the appellant as well as the learned Public Prosecution.