SARJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the accused appellants against the judgment and order dated 30.4.1988 passed by the learned Additional Sessions Judge, Raisingh Nagar by which the learned Additional Sessions Judge acquitted the accused appellants for offence Under Section 307/34 I.P.C. but convicted them for offence Under Sections 323 and 325/34 I.P.C. and sentenced each of them as under:

(2.) IT arises in the following circumstances: (i) P.W. 7 Gurdeep Singh gave parcha bayan Ex.P/18 oh 11.1.1986 before ASI Mohan Singh of Police Station, Anoopgarh stating that on 10.1.1986 at about 6.30 p.m. when, he was returning from Ramsinghpur, at that time he went to satisfy the call of nature and from there he was coming towards Railway Station and there both the accused appellants met him having Lathis in their hands. They cried that enemy had came and he should be put to death. The accused appellant Sarjeet Singh inflicted a Lathi blow on his head and another accused Sucha Singh also gave injury by Lathi. Thereafter the accused appellants ran away and he remained there for whole night. On the next day, when the people came there they took him to the hospital.

(3.) DURING investigation P.W.7 Gurdeep Singh was got medically examined and his injury report is Ex.P/1 which shows that in all he received 17 injuries on his person and his X -ray report is Ex.P/20 which shows that he received fracture in second meta carpal bone and through Ex.P/2, the doctor further opined that these injuries were not dangerous to life.