RAMBABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21. 02. 1983 passed by Additional Sessions Judge, No. 2, Alwar whereby he convicted the accused-appellant for the offence under Section 307 and 324 IPC and awarded a sentence of four years R. I. with a fine of Rs. 500/- (In default, further to undergo six months R. I. ).

(2.) BRIEF facts giving rise to this appeal are that F. I. R. was lodged by one Shri Badha Ram on 10-9-1982 at about 10 p. m. at the Police Station wherein it was alleged that Bodan and Udaram (complainant) were sitting out side their house in their Mohalla (Akhepura) and at that time appellant Rambabu, who also resides in the same Mohalla, asked Bodan and Udaram as to what were they talking. On this Udaram and Bodan told him that they were talking about their family affairs. On that Rambabu got angry and asked them to stop talking but Bodan and Udaram were talking continuously. Rambabu was taken away by his mother and brother to his house. After about ten minutes of this incident, Rambabu came back with a knife in his hand. His mother and brother also came at the scene of incident. Thereafter, the appellant (Rambabu) gave a knife blow on the chest of Udaram and when Bodan intervene to save Udaram then Rambabu gave a knife blow on the chest and abdomen of Bodan. The first informant (Budharam) while trying to save Udaram and Bodan, also sustained injuries on his left hand. At the intervention of Rambabu's mother, Rambabu run away from the place of incident.

(3.) A look at the record shows that the appellant also sustained injuries and that the learned trial Court did not give any specific finding as to at whose fault the occurrence took place or there was sufficient reason for the appellant to have caused injuries on the person of complainant party. A number of sub-missions have been made by the learned counsel for the appellant.