JAMIL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision petition by Jamil convict against the judgment of the Sessions Judge, Merta, date 10.12.1975, whereby his conviction and sentence under section 324, IPC was upheld. The petitioner was tried by the Judicial Magistrate, Nagaur and was convicted under section 324, IPC and sentenced to three months' rigorous imprisonment and to pay a fine of Rs. 200/ -, in default of payment of fine to further suffer imprisonment for fifteen days. The prosecution case against the petitioner was that on 14.4.1975, at about 6 p.m. he along with other accused, who have been acquitted, assaulted Bashir with a Pharsi blow on the left parietal region of the head resulting in an incised wound 1/2" x 1/6" x bone deep. A report of this incident was made to the police at police station, Mundawa, by Bashir injured. The police made the usual investigation into the case and, after collecting necessary evidence, filed a challan against the petitioner and four other co -accused in the court of the Munsiff -Magistrate, Nagaur, under section 147, 148, 323 and 324, IPC. The learned Magistrate tried the accused and convicted and sentenced him as stated above.

(2.) THE revision -petition was admitted on the ground of sentence only as I was satisfied upon perusal of judgments of both the courts below that Jamil was rightly held guilty of voluntarily causing simple injury to Bashir with a sharp -edged weapon 'Pharsi'. Both the courts below relied upon the evidence of Bashir and his wife Mst. Mahmooda and PW 6 Kamaluddin in convicting the petitioner for an offence under section 324, IPC and I see absolutely no reason to take a different view.

(3.) I have considered the rival contentions. It may be observed at the out set that the petitioner is not a previous convict for a similar offence. The injury inflicted by him on a parietal region of head of Bashir was not dangerous or severe in any manner. The petitioner caused no other injury to Bashir. The prosecution could not prove that the petitioner along with other co -accused formed an unlawful assembly with a common object to beat Bashir and inflicted the injury on the head of Bashir in furtherance of the said common object, although it had set -up such a case in the trial court.