SHYAM BIHARI ALIAS DEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HON'ble K. C. SHARMA, J.-These two criminal appeals, one by appellant Shyam Bihari @ Deena and another by appellants Babulal and others arise out of the judgment and order dated 2. 2. 99 passed by the Additional Sessions Judge, Chhabra, district Baran, thereby convicting and sentencing the accused appellants in the following manner: Appellants Shyam Bihari @ Deena : + U/s. 302 IPC: to undergo life imprisonment and to pay a fine of Rs. 1000/ -. In default of payment of fine to further undergo six months simple imprisonment. U/s. 324 IPC: to undergo simple imprisonment for one year and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo three months' imprisonment. Appellant Rajendra + U/s. 324 IPC: to undergo simple imprisonment for one year and to pay fine of Rs. 500/ -. In default of payment of fine to further undergo simple imprisonment for three months. U/s. 323 IPC: to undergo simple imprisonment for six months and to pay a fine of Rs. 200/ -. In default of payment of fine to further undergo simple imprisonment for 15 days. Appellant Babu Lal + U/s. 323 IPC: to undergo simple imprisonment for one year and to pay a fine of Rs. 200/ -. In default of payment of fine to further undergo simple imprisonment for 15 days. Appellant Santosh Bai @ Shanti + U/s. 325 IPC: to undergo simple imprisonment for two years and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo simple imprisonment for six months.

(2.) SUBSTANTIVE sentences have been ordered to run concurrently.

(3.) ALL the injured were subjected to medical examination. As per injury report Ex. P. 3, 5 injuries were found on the person of Ram Bharose, which are stated below: 1. Incised wound (bony deep) 3" x 1/2" x 1/2" obliquely present on the Rt. fronto parietal region of scalp; 2. Incised wound (bony deep) 2" x 1/2" x 1/2". obliquely present on the left parietal region near left ear Pinna; 3. Incised wound (bony deep) 2-1/2" x 1/2" x 1/2" vertically present on the left occipital region of scalp; 4. Incised wound 1" x 1/4" x 1/4" present on the central aspect of left elbow joint and 5. Black eye difrigmentation, as a whole eye, present on right eye as a whole.