KARNIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated, July, 24, 1976, of the Sessions Judge, Balotra. whereby that learned Judge convicted the appellant Karnia under section 324 I. P. C. and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200.00, or in default, further rigorous imprisonment for two months.

(2.) The case of the prosecution which resulted in the conviction and sentence of the appellant as aforementioned is that on the night between Nov. 24 and 25, 1976 at about lara Karnia went to the hut of Mohan Singh (PW. 1) riding a camel and knocked at his door. Mohan Singh (PW. 1) woke up and asked as to who was there knocking at the door. Karnia did not respond. Mohan Singh came out and saw Karnia standing there armed with a sword. It is alleged that on seeing Mohan Singh, Karnia made an assault on him striking the sword on his head. Mohan Singh caught hold of the weapon in trying to save himself from Karnia. Karnia pulled the weapon back and in the process Mohan Singh suffered some injuries on the fingers of his left hand. Mohan Singh fell down as a result of these injuries. Me cried loudly. Hearing his cries, Mool Singh (PW. 3) and Sayar Singh (PW. 2), father and brother, respectively, of Mohan Singh, arrived there from their huts nearby. On seeing them, Karnia made good his escape, riding his camel.

(3.) Karnia remained absconding for a few months. It is alleged that he was arrested on April 26. 1975.