RATNA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) RATNA appellant was tried for the offence under Section 307 and 326 of the Indian Penal Code by the Sessions Judge, Dungarpur. By the judgement dated July 8, 1982 the appellant was held guilty for the offence under Section 326 of the Indian Penal Code and sentenced to four years RI Ratna has filed the appeal in this Court against his conviction and sentence through the Superintendent, Central Jail, Udaipur.

(2.) BRIEFLY stated, the facts of the case giving rise to this appeal are that Smt. Kamla was married to Bhoora younger brother of appellant Ratna. Bhoora was living as 'ghar -jawai' at village Dhebra with his wife at the house of his father -in -law Bhoora (PW 2). On November 1, 1981 at about 4.00 p.m. Smt. Kamla was working at the field of her father. Ratna went there and caused injuries to her. She sustained five incised wounds and became unconscious. Ravji (PW 3), Roopa (PW 6) and Dhanji (PW 7) witnesses were ther nearby. On hearing the cry of Smt. Kamla they reached there and saw there appellant causing injuries to her with an axe and then running away from there. Bhoora (PW 2) father of Smt. Kamla rushed to the site and saw her daughter in a pool of blood. Kamla was taken to Jasela Hospital and admitted there. On November 3, 1981 Bhoora father of the gitl lodged report at Police Station, Galiakot. Assistant Sub -Inspector Usmankhan (PW 11), Incharge of the Police Station, registered a case and went to the hospital and recorded the statements of the witnesses and took in possession the blood smeared clothes of Smt. Kamla. On November 4, 1981, the Investigating Officer went to the site & conducted necessary investigation. During the course of investigation Art. I axe was recovered at the instance of the appellant.

(3.) BHOORA (DW 2) husband of Smt. Kamla and brother of the appellant appeared in the witness box to state that Smt. Kamla had informed him about her sustaining the injuries -because of her falling down. The learned trial Judge did not consider the case under Section 307 IPC proved. However, he held the appellant guilty for the offe(sic)ce under Section 326 IPC and passed the judgment under appeal.