BAGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. has been preferred by the accused appellant Bagaram against the judgment dated 31st July, 1993 passed by the learned Sessions Judge, Balotra in Sessions Case No. 29/92 whereby the appellant has been convicted of offence under Section 323 I.P.C. and sentenced to undergo R.I. for a period of six months and a fine of Rs. 500/ -, in default of payment of which to further undergo simple imprisonment for a period of two months alongwith a direction that upon realisation of fine, the same be paid to Mst. Pemli P.W./11 as compensation.

(2.) BRIEFLY stated, the relevant facts giving rise to this appeal are that Mst. Pemli PW/11 was married to the appellant about 9 years prior to the incident and she was residing with her husband in Pachpadra'. It is alleged that on 28.7.1992 at about 10 -11 p.m. when Mst. Pemli PW/11 was sleeping in the house, the accused appellant came drunk and started beating her. On hearing the cries of Mst. Pemli PW/11 the neighbourers Balarm PW/1. Ghaver Ram PW/2, Omaram PW/3, Sawa Ram PW/4 and Bholaram came there. They rescued her from the beating of her husband. Her mother was called. Mst. Pemli told the incident to her brother Demaram PW/6 who lodged the F.I.R. Ex.P/6 with the Police whereupon the formal F.I.R. Ex.P/8 was registered. During the course of investigation injuries of Mst. Pemli PW/11 were got examined by Dr. Badri Prasad Lohia PW/5 who prepared her injury report Ex.P/5. After completion of necessary investigation the chargesheet was filed against the accused. The case was committed to the courts of session. After the trial the appellant was acquitted of all other charges except for the offence under Section 323 I.P.C. for which he was found guilty, convicted and sentenced as indicated above.

(3.) LEARNED Counsel for the appellant has candidly neither disputed nor challenged the conviction of the appellant for offence under Section 323 I.P.C. He has submitted that on the date of occurrence the appellant was of around 25 years of age and the occurrence took place in the year 1992. The appellant was in custody for about 9 days during the trial. The victim Mst. Pemli has gone in 'Nata' to some other person and in view of these facts and circumstances the appellant may be released on the sentence already undergone and the fine awarded by the learned trial court.