SHORAAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed by the accused-appellant Shoraam against the judgment and order dtd. 3/2/1996 passed by Additional Sessions Judge, Nimbahera, in Sessions Case No.13/1995 whereby, accused-appellant has been convicted for the offence under Sec. 308 IPC & sentenced to undergo two years rigorous imprisonment with fine of Rs.1000.00; in default of payment of fine to further undergo 3 months simple imprisonment and for the offence under Sec. 323 IPC sentenced to undergo three months simple imprisonment.

(2.) Facts of the case in short are that the complainant - Kishan Lal Jat lodged an FIR before Police Station, Badsoda on 7/11/1994 stating therein that on 6/11/1994 at about 8 O clock in the evening his brother-Shoraam (present appellant) came with his wife and son and started beating with him. It is also stated that the accused-appellant was having Kulhari with him and inflicted injury on his head. On that basis, F.I.R. No.243/1994 was registered for the offences under Ss. 452, 307/34 and 323 I.P.C and investigation was commenced. After investigation, police submitted charge-sheet against the appellant before the concerned trial Court. The trial Court framed charges against the accused-appellant for the offences under Ss. 307 and 323 I.P.C. The accused denied the charges and claimed for trial, who committed it to ADJ, Nimbaheda.

(3.) The prosecution produced witnesses. The statement of accused-appellant was recorded under Sec. 313 Cr.P.C. After conclusion of trial, the trial Court passed judgment and order dtd. 3/2/1996 acquitting the accused-appellant for the offence under Sec. 307 I.P.C. but convicted him for the offences under Ss. 308 and 323 of I.P.C and sentenced him as indicated above. Aggrieved by judgment of conviction and sentence dtd. 3/2/1996, the accused-appellant has preferred this criminal appeal.