BHANWARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 04.08.1994 passed by the learned Sessions Judge, Balotra in criminal appeal No.04/1992 whereby the learned appellate Judge dismissed the appeal filed by the petitioner and affirmed the judgment and order dated 24.01.1992 as passed by the learned Addl.Chief Judicial Magistrate, Balotra in Criminal Case No.515/1985, convicting the accused petitioner for offence under section 326 and 324 IPC and sentencing him for offence under section 326 IPC to a period of two years' rigorous imprisonment and a fine of Rs. 2,000/- and in default of payment of fine, to further undergo six months' rigorous imprisonment and for offence under section 324 IPC to six months' rigorous imprisonment and a fine of Rs. 1,000/- and in default of payment of fine, to further undergo three months' rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) The accused petitioner along with co-accused persons namely, Phusa Ram and Moola, was charge sheeted by the Station House Officer, Police Station, Balotra for offences punishable under section 307, 326, 324 and 323 IPC. Initially the offence punishable under section 307 IPC, being exclusively triable by the court of Sessions, the case was committed for trial to the learned Sessions Judge, Balotra by the committing court. The learned Sessions Judge Balotra discharged the petitioner from the offence punishable under section 307 IPC and the case was sent back under the provisions of section 228 Cr.P.C. for trial to the learned Addl. Chief Judicial Magistrate, Balotra.

(3.) The learned Addl. Chief Judicial Magistrate, Balotra proceeded with the trial and recorded the statement of as many as 15 prosecution witnesses. The petitioner and the co-accused got one defence witness examined in their defence. In the statement recorded under section 313 Cr.P.C. the petitioner categorically denied the allegation levelled against him and stated that it was the complainant party who inflicted various injuries on his person and on the body of other co-accused and he simply acted in the right of his private defence.