PRAHLAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 18. 6. 1984 delivered by learned Additional Sessions Judge No. 2, Jaipur City, Jaipur, Whereby the appellant Prahlad was found guilty under Section 341 and 324, IPC Gajanand and Bhanwar Lal were found guilty under Sections 341 and 324/34, IPC. For the offence under Sec. 341 IPC they were awarded the month's simple imprisonment each, for the offence under Sec. 324, IPC, a sentence of eight months simple imprisonment was awarded and for the offence under Sec. 324/34, IPC a sentence of four months imprisonment was awarded. The sentence were awarded to run concurrently.

(2.) POORAN (PW 1) on 4. 1. 84 lodged the FIR Ex. P/1 at Police Station Jhotwara, according to which, he was returning with Bharat (PW2 ). The three accused persons stopped them and starting inflicted injuries during the course of incident. The accused Prahlad inflicted injuries by knife to Bharat. A case under Section 341 and 307/34, IPC was registered and a challan was subsequently filed Prahlad was charged under Sec. 341 and 307, IPC and other two were charged under Sec. 341 and 307/34, IPC. All the three pleaded not guilty. Nine witnesses were examined by the prosecution and Banwari Lal (DW 1) was examined in defence. The accused persons were acquitted under Sec. 307 and 307/34, IPC and were found guilty and sentenced in the aforesaid manner.

(3.) ACCORDINGLY, the appeal is partly allowed. The appeal in respect of finding of guilt is dismissed. The judgment awarding jail sentences is set aside and the appeal is accepted to the extent indicated above.