JAWAHARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the trial conducted by the Sessions Judge, Udaipur for the offences under Sections 307, 147 and 148, Indian Penal Code five accused were acquitted of the charges while the appellant Jawaharlal was held guilty for the offence under Section 326, Indian Penal Code and sentenced to one yaer's rigorous imprisonment and a fine of Rs. 500/ - in default to undergo six months' rigorous imprisonment.

(2.) BEING dis -satisfied with his conviction and sentence the appellant has preferred this appeal in this Court

(3.) BRIEFLY stated the facts of the case leading to the trial of the appellant and the present appealare as under: - -Kishanlal, father of the appellant and Dalchand, are real brothers. On 1 -12 -1974 at 6 p.m. Jawaharlal son of Kishanlal caused injury with a stone on the eye of Chunnilal son of Dalchand. Champalal, brother of Chunnilal, on seeing his brother injured, went to the police outpost and informed the police constable there. Thereafter Champalal went to his house to have the cycle to take his brother Chunnilal to the hospital. Jawaharlal appellant and co -accused Geharilal and Kishanlal (acquitted by the trial court) caught hold of Champalal and took him inside their house. Motibai, Amba Bai, and Mohani Bai three ladies of the family of Kishanlal were also there. It is alleged that Jawaharlal inflicted axe -blows to Champalal and the five co -accused caused lathi -injuries to him. On raising a cry his father Dalchand and cousins Ramlal and Ganeshlal also reached there inside the house of Jawaharlal. Champalal and Dalchand received injuries. Both of them along with Chunilal, who is said to have sustained injuries a little while before, were taken to the General Hospital, Udaipur where Dr. R.K. Katara, Medical Jurist examined their injuries. The Medical Jurist telephonically informed Sebir Mohammed, Station House Officer, Police Station, Bhopal pura about a medico legal case and Champalal being admitted in the hospital because of the injuries sustained by him. The Station House Officer reached the hospital and recorded the statement of Champalal. On the basis of that statement first information report was chalked out. The Station House Officer went to the site and conducted necessary investigation. Upon completion of investigation charge sheet against the appellant and five others was filed in the Court of Munsiff Magistrate, Udaipur. The learned Magistrate finding a prima facie case exclusively triable by the Court of Sessions committed the appellant and the co -accused to stand their trial in the Court of Sessions Judge, Udaipur. The learned Sessions Judge, as stated earlier tried them for the aforesaid charges and five co -accused were acquitted and the appellant was convicted and sentenced as stated above.