JAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of the learned Sessions Judge, Balotra Camp at Barmer dated 19-12-1984 whereby he has confirmed the conviction and sentence passed by the learned Chief Judicial Magistrate, Barmer.

(2.) Brief facts of the case are that on 20-2-1981 at 8.45 a.m. PW 2 Subhan lodged a written report (Ex.P/3) at the police station, Gadra Road, wherein, he has stated that on 19-2-1981 at about 8 p.m., the petitioner along with Sachu, Hakam, Sadela came to his house; and abused him. The petitioner struck a blow on his hand with an axe and others inflicted lathi blows on him. On raising alarm, the neighbours arrived there and rescued the injured. On this information, a case was registered under Ss. 452, 424/34 and 504, I.P.C. The accused was arrested. The injured was medically examined. The injury report Ex.P/1 prepared by Dr. D. L. Sharma. The arrest memo is Ex.P/4. At the instance of the accused-petitioner, a lathi was recovered. The site-plan Ex.P/9 was prepared on the spot. The statements of motbirs were recorded. The challan was filed against the petitioner Jama and Hakam. No challan was filed against Sachu and Sadela.

(3.) During trial, the prosecution has examined as many as 8 witnesses. In defence, Surab s/o Usman was examined as DW 1. As per his version there was a dispute between the accused-petitioner Jama and Subhan on agricultural land, therefore, the accused-persons have been falsely implicated by the complainant. Considering the material on record, the learned Chief Judicial Magistrate, Barmer has convicted the accused for the offence under S. 326, I.P.C. but acquitted the accused Hakam.