DEVANAND ALIAS DEVARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been directed against the order dated 14th October. 1992, passed by the Special Judge (Essential Commodities Act). Addl. Sessions Judge. Jodhpur. Shri Ramesh Sharma. in Cr Appeal No. 249/89. whereby the appeal filed by the petitioner was partly allowed and conviction of the petitioner for offence under Sec. 326 and Sec. 447 of the Penal Code read with Sec. 27 of the Indian Arms Act was sustained by the learned Special Judge with modification in the sentence awarded to the accused-petitioner by the trial Court, from two years simple imprisonment to 9 months simple imprisonment and a fine of Rs. 100.00 under. Sec. 326 IPC. Conviction and sentence awarded to the accused-petitioner by the trial Court i.e. one month's simple imprisonment under Sec. 447 of the Penal Code and six months' simple imprisonment and a fine of Rs. 100.00 under Sec. 27 of the Indian Arms Act was upheld in appeal. Aggrieved by the judgment passed by the Appellate Court on 14-10.-1992, the accused-petitioner has filed the revision petition in this Court, as indicated above.

(2.) The facts giving rise to the filing in this revision petition, briefly stated, are that on 16th of Dec., 1985 at about 9.15 p.m. the complainant/injured Om Prakash son of Ambalal, resident of Pipad village informed the local police by making an oral report of the occurrence to the effect that the accused petitioner came to the shop premises of the complainant and suddenly pounced upon the complainant with a knife inflicting grievous injury on his left foot as a consequence of which serious injury was caused to the complainant. Being not satisfied with this, the accused-petitioner made another attempt on the- life of the complainant which was not successful as the said attempt was warded of by the complainant This occurrence was witnessed by PWs. Ram Chandra, Amrat Lal and Roopram Meghwal. On the basis of this report the police registered a case vide FIR No. 134/85 against the accused-petitioner for offence under Sec. 326/447 Penal Code and forwarded the case to the area Magistrate. The trial Court took cognisance of the complaint and recorded the statements of the aforesaid witnesses and also recorded the statement of Dr Dinesh Purohit in respect of injury inflicted to the injured. The weapon of offence, i.e. the knife was also recovered by the police at the instance of the accused.

(3.) The learned Magistrate on the basis of the evidence produced before the Court sentenced the accused-petitioner to two years simple imprisonment for offence under Sec. 326 of the Penal Code and a fine of Rs. 100.00 in default thereof to undergo further one months' simple imprisonment and u/S. 447 of the Penal Code one months simple imprisonment and u/S. 27 of the Indian Arms Act six months simple imprisonment and a fine of Rs. 100.00 and in default of payment of fine the accused-petitioner was directed to undergo one month's simple imprisonment.