BHAWANI SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner faced trial in criminal case No. 72/2021 for offence under Sec. 326 of IPC. The learned Trial Judge awarded three years simple imprisonment alongwith fine of Rs.5,000.00 and in default of payment of fine, three months simple imprisonment was ordered. The conviction was challenged in criminal appeal No. 108/2003. The learned Appellate Court dismissed the appeal vide judgment dtd. 28/1/2004 with modification in sentence to the extent that three years simple imprisonment was reduced to simple imprisonment for one year.

(2.) Prosecution case as disclosed in the FIR is that on a sudden quarrel, the petitioner allegedly caused injury at the head of the informant with a kutia (a sharp cutting weapon). The Doctor has found fracture of skull bone and injury caused by a sharp weapon. The injured PW-3 categorically supported the prosecution case.

(3.) Learned Counsel for the petitioner submits that there is no independent witness in this case. The radiologist was not produced to substantiate the medical opinion. Moreover, the doctor PW-12 stated that such injury is possible even by a hard blunt substance as there is nothing between the skull bone and upper skin.