KANHIRAM S/O NANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred this criminal appeal u/s. 374 Crimial P.C. Challenging the judgment and order dated 29.1.2003 passed by the Additional Sessions Judge (Fast Track) No. 1, Jhalawar, thereby convicting him for offence u/ss. 326 & 324 Penal Code and sentencing him to undergo rigorous imprisonment for 5 years with a fine of Rs. 1,000.00 on the first count and to undergo rigorous imprisonment of one year with a fine of Rs. 500.00 on the another count. In default of payment of fine, he was to undergo one month's imprisonment.

(2.) Mr. Mehrish, learned Advocate, appearing for the appellant has frankly conceeded that he does not want to challenge the conviction of appellant u/ss. 326 & 324 Penal Code on merits as recorded by the learned trial Court, and in my considered view rightly so.

(3.) On careful scrutiny of the evidence, ocular as well as documentary, it is proved beyond all shadow of doubt that appellant-Kanhi Ram inflicted sword blows on the person of injured Lal Chand, resulting in grievous and simple injuries. Injured Lal Chand (PW 1) and his wife Sajjan Bai (PW 2) have categorically stated in their statements that appellant inflicted sword blows on the person of Lal Chand. PW 3 Dr. Ramesh Chand Dubey, who examined the injured has opined that two incised wounds sustained by injured were grievous and one was simple in nature. The learned trial Judge having found the statements of witnesses including the injured being in corroboration with medical evidence, has rightly held the appellant guilty of having committed offence u/ss.'326 & 324 IPC.