KANHAIYALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a Criminal Appeal under Section 374 Cr. P. C. against the judgment of Additional Sessions Judge, Alwar, in Sessions Case No. 195 of 1974, convicting the accused-appellant Kanhaiyalal under Sec. 323 Indian Penal Code and sentencing him to rigorous imprisonment for one year and a fine of Rs. 1,000/-, in default of payment of fine to undergo further imprisonment for three months.

(2.) KANHAIYALAL and five others were committed to the Sessions Court by the Munsif and Judicial Magistrate, Rajgarh to stand their trial under Sections 302, 307, 147/148/149 I. P. C. for having committed murder of one Vijay Singh and injuring others.

(3.) THE Additional Sessions Judge on the conclusion of the trial held that the accused party had a right to defend themselves and gave a good beating in reply, but this right was exceeded. After holding so, the Additional Sessions Judge then held that there was no satisfactory evidence as to which of the accused persons inflicted the head injury by blunt weapon or the incised wound in the chest of Vijay Singh. THE Court held that in their attempt to implicate as many persons as possible (including all the members of one family) the prosecution witnesses have reduced their credibility and reliability. THE court again held that no one definite accused can be held responsible for causing either head injury or the incised wound which alone were responsible for Vijay Singh's death. Having help so the Additional Sessions Judge took help of Section 72 of the Indian Penal Code and convicted Kanhaiyalal, Khem Chand and Hariprasad for the offence of voluntarily causing simple hurt for which the lowest punishment is provided.