MOHARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dt. 26. 06. 1990, passed by the learned Sessions Judge, Jaipur District, Jaipur, confirming the judgment passed by the learned Addl. Munsif and Judicial Magistrate, No. l, Jaipur Distt. Jaipur, whereby he convicted the accused for the offence under S. 326 IPC and sentenced him to undergo two years simple imprisonment and a fine of Rs. 100/ -. In default of payment of fine he was to further undergo one month's simple imprisonment.

(2.) BRIEFLY stating the facts are that a case was registered by the S. H. O. Police Station, Bajaj Nagar, Jaipur, on 12. 12. 1980, on the statement of Smt. Shanti Devi, wherein she stated that her husband made her fall on the cot and gave a bite on her nose. She shouted and then ran for help to the residence of her uncle-in-law Girdharilal. Thereafter, Nanak Ram Patel, came and scolded her husband. That she has been married for last 18 years and the attitude of her husband towards her had not been good. She stated that before 8 years, he had also biten her nose. On this statement, a case for offence under S. 325 IPC was registered which was later on converted in S. 326 IPC and on completion of investigation a charge-sheet was submitted. The prosecution examined as many as 10 witnesses in support of its case and the accused none.

(3.) IN this view of the matter, it would not be safe to convict the accused for the offence under S. 326 IPC more particularly, when according to Shanti, herself she had sustained almost similar injury on the nose before 8 years also. It is, therefore, appropriate to convict the accused for the offence under S. 325 IPC. IN the light of this I need not go to another points, event regarding quantum of sentence. It may be stated that the accused had already been in jail for over a month and according to his wise, he used to get the first of insanity and she suspected that he was getting such a fits at the time of commission of offence coupled with the fact that the Panchayat, of the community has also imposed the fine on the petitioner a sum of Rs. 10,000/- which he was asked to pay to the complainant injured. I deem it proper to reduce the sentence to the period already undergone.