LALLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of Additional Sessions Judge No. 1, Alwar dtd. 16.8.90 whereby he maintained the conviction of the accused-petitioner while acquitting other accused-persons for offence under Sec. 326 IPC and reducing the sentence from three years to one year and a fine of Rs. 3,000/-, in default of payment of fine, six months' further RI.

(2.) Briefly stating the facts are that on 21st March, 1979 at 11.00 a.m., a report was lodged at Police Station Ramgarh, district Alwar by one Bhagirath, wherein he alleged that on the previous date, an incident took place between ladies in the field regarding which accused Pyarelal's wife lied to her husband giving hugely exaggerated version of the incident. Being enraged, Pyarelal along with four others came armed and inflicted injuries on the person of Behari, as a result of which he sustained injuries. He was taken to the hospital on the same night. It was alleged that Pyarelal, Ravan, Sampat and Pokha inflicted injuries by lathies while Lallu by Farsi to Behari. The case was registered for offences under Sections 147, 148, 323 and 324 IPC. The injuries having found to be grievous it was altered into one under Sec. 326 IPC.

(3.) At trial, prosecution examined 8 witnesses and when the statements of the accused were recorded under Sec. 313 Cr.P.C, their plea was that they have been falsely implicated due to enmity. But no evidence was produced. The trial Court convicted four accused for offence under Secs. 147, 326/149, 324/149 and 323 IPC and sentenced them to various terms of imprisonment. Petitioner Lallu was convicted for simplicitor offence of Section 148,326,324 and 323/149 IPC. All the accused preferred an appeal. The learned Additional Sessions Judge accepted the appeal on behalf of the four accused-persons and partly allowed the appeal of Lallu. He maintained the conviction under Sec. 326 IPC but reduced the substantive sentence of imprisonment and instead increased the fine. Challenging the said conviction and sentence, this revision has been preferred.