RAJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of learned Sessions Judge, Sriganganagar dated 6-7-81 whereby lie had affirmed the conviction and sentence awarded to the petitioner by the learned Chief Judicial Magistrate under S. 326, I.P.C.

(2.) The necessary facts to be noticed in short are that on 24-4-1978 at 11.30 p.m. one Hansraj lodged a report at Police Station Ghoomarwali to the effect that while the complainant was working in the field of Malsingh and accused Rajaram was working in the field of Balbirsingh, brother of Rajaram; Rajaram gave 6-7 Kassia blows at the hands, shoulders and head of the complaint Hansraj. Hansraj raised alarm and that attracted Dhoularam (P.W. 3). Therefore, injured Hansraj was brought at his house by Doularam, Bhagirath and Kasiram. On the basis of this information, a First Information Report was registered under S. 307, I.P.C. After usual investigation, challan was filed in the Court for the offence under S. 307, I.P.C. The case was committed to the Court of Sessions Judge, Ganganagar. After hearing the arguments, learned Sessions (Judge) was of the view that the case is not made out under S. 307, I.P.C. but it is made out under S. 326, I.P.C. only, therefore, he sent the case back to the C.J.M. for trial. During trial prosecution has examined as many as 6 witnesses. Statement of accused was recorded under S. 313, Cr. P.C.

(3.) Considering the material on record, learned C.J.M. has convicted the accuse persons for the offence under S. 326, I.P.C. and sentenced them to undergo 3 years' R.I. and to pay a fine of Rs. 200.00 each, in default of payment of fine, to further undergo one month's. R.I.