MST. PARWATI Vs. BHANWARLAL

JUDGEMENT

(1.) S .B. Criminal Appeal No. 117/73 and D.B. Criminal Revision arise out of the judgment of the learned Additional Sessions Judge No. 2, Jodhpur, and as such are being disposed of by a common judgment.

(2.) THE case of the prosecution, in brief, is that in the intervening night of 13th, 14th June 1959. Mst. Parwati (P.W. 2) was sleeping on the roof of her house alongwith her two daughters. At about 4 a.m. somebody struck blow with a dagger as a result of which she was awakened and notices that accused Bhanwarlal and one Shrikishan were standing by her side. She also saw that accused Bhanwarlal had a dagger in his hand and seeing her awake, accused Bhanwarlal got down from 'chhajja' and ran away todays the lane The other person Shrikishan also tried to run away but when he was on the roof. Smt. Parwati tried to catch him and Shrikishan inflicted knife injuries on her cheek and right hand and ran away. Smt. Parwati went the hospital but she was asked first to go to the police station and so she went to the police station, Udaimandir Jodhpur. She lodged report Ex. P. 5 at 5.45 a.m. After that, she went to the hospital and she was examined by Dr. Hargovind (P.W.1) at 7 a.m. on 14th June 1959 Doctor Hargovind found the following injuries on her person:

(3.) ALL the injuries were caused by sharp weapon. On x -ray a fracture, depressed in the fronto -parietal region was noticed and hence injury No. 1 was grevious. The police, thereafter, took the investigation, and submitted a final report on July 31, 1959. Mst. Parwati was not satisfied with the police investigation and, therefore, she filed a complaint under Sections 307 345(sic), 326, and 324, I.P.C. against the accused -appellant Bhanwarlal' and one Shrikishan Head Constable. The Magistrate took cognizance of an offence against both but the proceedings against Shrikishan were dropped under Section 204A(3), Cr. P.C. (Old) as he could not be served. The case proceeded against the accused Bhanwarlal. The Magistrate convicted and sentenced the accused Bhanwarlal under Sections 326, and 458 I.P.C. vide his judgment dated 10 -23 -1961. The accused Bhanwarlal went in appeal and the same was accepted and he was acquitted by the learned Sessions Judge, Jodhpur under his judgment dated February 13, 1962. Smt. Parwati then got special Leave against acquittal from this Court and a learned Single Judge of this Court under his judgment dated February 13, 1963, allowed the appeal and set aside the order of acquittal passed by the learned Sessions Judge and sent the case back to the District Magistrate, Jodhpur with a direction that he send it to some other Magistrate for a trial. The Magistrate then committed the accused to the Court of Sessions and learned Additional Sessions Judge No. 2, Jodhpur, on November 25, 1972, framed charge under Section 459 I.P.C. against the accused Bhanwarlal.