CHANDER & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellants have been convicted by Sessions Judge, Jhalawar under Sec. 307 read with Sec. 34 of the Indian Penal Code and sentenced to three years rigorous imprisonment and a fine of Rs. 100.00 each and in default of payment of fine, to undergo one months rigorous imprisonment. Against this conviction and sentence passed on 30th March, 1983 the present appeal has been preferred by the appellants.

(2.) The facts in brief are that on 7th Feb., 1982 at about 9.00 p.m. the complainant Parvat Singh was returning from Unhel and going towards Salariya after having dinner with one Gauri Shanker. When he was near the well of Sardar Singh, he saw two cycles and at once became alert and he tried to run away but the four accused persons who were hiding came but armed with lathies and started giving lathy blows on him. He was carrying a 'Katar' with him and accused Chander Singh caught hold of this Katar and inflicted injury on his upper lip. On hearing the shouts of Parvat Singh, Sardar Singh shouted that he was coming to his help and upon this, the accused ran away. The complainant lodged the first information report soon after the incident and he was examined by PW/6 Dr. Sharat Chandra Vijayvargiya at about 1.30 a.m. and he found the following injuries on the person of Parbat Singh:-

(3.) Two injuries were advised for X-ray and it was found that there were fractures on the head and on the humerus bone. He was asked to give further opinion about the injuries by clarifying the same and at this stage he gave opinion that injury No. 2 could be dangerous to life and could cause death if proper treatment was not available.