MANNALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Mannalal was tried for the offence under Section 333 LP C. by the learned Sessions Judge, Udaipur. By the judgment dated 15 -1 -77 the learned Judge held the appellant guilty for the aforesaid offence and sentenced him to two years' rigorous imprisonment and a fine of Rs. 500/ -, in default to undergo six months rigorous imprisonment.

(2.) BRIEFLY , stated the facts of the case giving rise to the trial of the appellant are as under: Puranchand (P.W. 1) was Forest Guard, Nanga (P.W. 2) was Cattle Guard and Kishora Singh (P.W. 3) was the Fire Watehar of Padok Kokar Forest. On 22 -5 -76, all the three had gone on partoling duty. When they reached near village Kunde, they found certain teak trees recently out. They found 45 logs of teak wood in the fencing and outside the house of appellant Mannalal. They called Mannalal from his house and inquired about the wood. He admitted to have brought the wood from the forest. As that was the reserved forest, Puranchand (P.W. 1) asked Nanga to bring motbirs from the village so that necessary proceedings may be taken regarding the seizing of the logs. Nanga called Kesar singh (P.W. 7) and Kanji from the village. Puranchand prepared the pancha nama Ex. P. 1 and seized the logs vide memo Ex. P. 2. The statement of the appellant Ex. P. 3 was recorded. Report Ex P. 4 about this preliminary proceedings was prepared by Puranchand. Puranchand and Nanga asked the appellant to furnish bail. The appellant hurled abuses and took the spade lying near by and inflicted a blow to Nanga causing the fracture of his clevicle bone and went away from there. Puranchand (P.W. 1) went to Range Office, Kherwara and on the next day lodged report at police station Rishabhdev. The police inspected the site and got the injury of Nanga examined by Dr. Harisingh (P.W. 4). The Doctor examined Nanga and prepared the report Ex. P.8. He advised x -ray. Dr. Mahendra Singh Tyagi (P.W. 6) took the x -ray and detected fracture on the right side of clevicle bone.

(3.) UPON completion of necessary investigation, charge -sheet against the appellant was filed in the court of Judicial Magistrate, Dungarpur, who finding a case exclusively triable by the court of Sessions committed the appellant to the court of Sessions Judge, Udaipur to stand his trial. The learned Sessions Judge charge -sheeted the appellant for the offence under Section 333 I.P.C. The appellant denied the indictment and claimed to be tried. Prosecution examined nine witnesses in all. The appellant in his statement under Section 313 Cr. P.C. denied the allegations levelled against him and stated that Nanga wanted him to furnish surety and he prayed for some -time. Nanga insisted upon bringing the surety immediately and threatened him to take the ladies of his house. That there was not altercation between the two and they scuffled and fell down. That, Nanga was over the body of the appellant and sustained injuries on the shoulder from the nail for tying the cattle. One defence witness was examined to state that he had cut the wood from the grazing ground of the appellant and had brought the same at his house. The learned trial Judge placed reliance on the prosecution evidence and convicted the appellant and sentenced him as stated earlier.