JAGANNATH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 19/8/1998 passed by Additional Sessions Judge, Ramganjmandi, District Kota in Cr. Appeal No. 27/1998, where conviction has been maintained. The present petitioner has been convicted for the offence under Section 326 IPC and sentenced him to undergo three years rigorous imprisonment and a fine of Rs. 500/ - and in default of payment of fine, further six months imprisonment. The short facts of the case are that complainant, Ghanshyam has lodged a report on 2/5/1980 stating therein that accused Jagannath has caused injury by Gandasi at his hand on which fir No. 72/80 has been registered and after investigation, charge sheet has been filed under Section 326 IPC. After conclusion of the trial, present petitioner has been convicted and sentenced, as referred above. Aggrieved, present petitioner has filed appeal which was also dismissed, hence, this revision petition.

(2.) THE contention of the present petitioner is that conviction is bad in law. There are several infirmities in the statements of the witnesses. The evidence of the injured is improbable. His contention is that petitioner has caused injuries first by Gandasi and thereafter he has made assault by Lathi. The change of the weapon is unbelievable and eye witness has not been produced. There is old enmity between the parties. Sentence awarded is excessive.

(3.) HEARD learned counsel for the parties and perused the impugned judgment as well as record of the case.