MAHESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused Mahesh Chandra against a judgment dated 8-9-1987 by the learned Additional Sessions Judge, Rajsamand whereby the appellant has been found guilty lor the offences punishable under Secs. 324 and 326 of the IPC. For the offence under Sec. 324 of the IPC he has been awarded R.I. for 6 months. For the offence under Sec, 326 of the IPC, two years' R.1. and a fine of Rs. 500/- has been awarded. On non-payment of fine, S.I. for three months' has been ordered. The principal sentences have been ordered to run concurrently.

(2.) According to the prosecution story, the injured P.W. 1 Narain reached the police station, Nathdwara on 2-8-85 at 6.45 p.m. and lodged a written FIR Ex, P/ 1, According to the FIR, the incident occurred at 6.30 p.m. on 2-8-85 at Bus-stand Nathdwara on the shop belonging to P.W, 9 Kishan Lal. It was stated that the injured was returning from 'Bijnol' and at the bus-stand of Nathdwara, he went to the shop of Kishan Lal to purchase 'Bidi' when the appellant attacked him either with a 'knife' or a 'razor' and inflicted two injuries. The first injury was inflicted on the right hand and the second was inflicted on the left hand, as a result of view which the shirt and underwear received cuts and ultimately, the third injury an abrasion was received on the chest and stomach. The injured was further crossexamined by the S.H.O. and he stated that the motive for the incident was old enmity. A case under Secs. 307 and 324 of the IPC was registered and challan for the said offences was filed in the Court of the learned Judicial Magistrate, Nathdwara, from where, the appellant was committed to the said trial Court at Rajsamand. He was charged for the offence punishable under Secs. 307 and 324 of the IPC. D.W. 1 Rajendra Kumar and D.W. 2 Dan Lal were examined in defence. According to these witneness,the injured was not attacked at the Bus-stand, Nathdwara but he actually received the injuries at Bijnol at about 5-6 p.m. The learned trial Court then heard the arguments and delivered the judgment on 8-9-1987. The accused was acquitted of the charge punishable under Sec. 307 of the IPC but was found guilty and was sentenced as slated supra.

(3.) I have heard the learned counsel for the appellant as well as the learned Public Prosecutor for the State and have perused the record of the learned trial Court. I find that the conclusions drawn by the learned trial Court against the appellant are unsustamable and the appeal deserves to be allowed.