RAMDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the judgment dated 27.6.2001 passed by Additional Sessions Judge, Rajgarh in Criminal Appeal No. 8/1997 whereby he confirmed the judgment and order dated 13.3.1997 passed by Additional Chief Judicial Magistrate, Rajgarh. The petitioner has been convicted under Section 326 I.P.C. and sentenced to three years rigorous imprisonment with a fine of Rs. 500/- in default of payment of fine to further undergo three months rigorous imprisonment.

(2.) The short fact of the case are that 13.8.1988 at 12.00 O'clock Laxman, Kishan Lal, Surjan and Ramjilal were playing with cards and complainant, Indraj and Prahlad were also there. At that time the present petitioner Ramdhan came there with an axe, he inflicted blow on Ramji Lal with the Axe on his head. Ramji Lal intervened with his hand and he sustained grievous injuries on his hand. At this F.I.R. No. 133/1988 has been registered. After investigation charge-sheet has been filed and on conclusion of trial present petitioner has been convicted and sentenced as above. Appeal has also been dismissed. Hence, this revision petition.

(3.) The contention of the present petitioner is that the Investigation Officer and Dr. J.C. Sharma who first treated injured have not produced. F.I.R. was lodged with delay. Eye-witnesses Laxman, Kishal Lal and Prahlad have not supported the prosecution story. Recovery is doubtful and there is also contradictions regarding weapon of offence. Hence, conviction is bad in law.