KARNEL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the accused appellant against the judgment and order dated 10. 10. 85 passed by learned Additional Sessions Judge, Raisinghnagar in Sessions Case No. 28/83 by which he while acquitting the accused appellant for offence under Sections 307 I. P. C. convicted the accused appellant for offence under Sections 333 and 332 I. P. C. and sentenced him as under : Offence Sentence awarded U/sec. 333 I. P. C. 3 years' R. I. and a fine of Rs. 100/- in default to further undergo 1 month's S. I. U/sec. 332 I. P. C. 1 & 1/2 years' R. I. Both the sentences were ordered to run concurrently. , +

(2.) THIS appeal arises in the following circumstances : (i) On 9. 2. 81, P. W. 1 Jagdish gave Parcha Bayan, Ex. P/1 to the Police stating that he was under employment of Forest Department and his duty was in the area of 16bld (B ). On 8. 2. 81, when he was on duty at about 6 p. m. , one Badri was grazing his cattle in the jungle and upon this he told Badri not to graze cattle in the jungle, then from the back side, he caused injuries to him by axe. PW. 1 Jagdish cried and after hearing his cries. Shankar Lal PW. 6 and Purna Ram Chamar also reached there and he was brought to the hospital on the next day, where he was got medically examined.

(3.) DURING trial, 8 witnesses were examined by the prosecution and thereafter statement of accused appellant under Section 313 Cr. P. C. was recorded and two witnesses were examined in defence.