NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was tried along with certain other accused persons for offences Under Section 148, 326, I.P.C. by the learned Munsif and Judicial Magistrate, Kapasan. It was alleged that with the help of other co -accused the petitioner cut the nose of his wife Kankudi on 14.3.75 and caused grievous hurt to her. The learned Magistrate convicted various accused persons for offences Under Section 148 and 326 along with Sections 114 and 149, I.P.C. He also convicted and sentenced the present petitioner for offence Under Section 326, I.P.C. In appeal, the learned Sessions Judge, Pratapgarh camp Chittorgarh acquitted all the co -accused persons of all the charges levelled against them. Revision petitioner was acquitted of offence Under Section 148, I.P.C. but his conviction for offence Under Section 326, I.P.C. was maintained. The sentence passed upon him was also maintained. Aggrieved, he has come to this Court by way of revision petition.

(2.) THE learned Counsel for the petitioner urged that in the present case, charge Under Section 326, I.P.C. has not been brought home to the accused. It has not been established by the prosecution that a grievous hurt had been caused to Kankudi. He submits that only offence Under Section 324, I.P.C. has been made out. The matter pertains to an incident which took place on 14.3.75. He submits that, accused revision -petitioner is not a previous convied. He is also not a habitual offender. It was his first offence and, therefore, he may be enlarged on probation of good conduct after altering his conviction from 324 to 326, I.P.C.

(3.) I have heard the learned Counsel for the petitioner and have perused the record and have given a earnest consideration to the rival contentions.