BAJRANG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal against the judgment dated 26 -8 -1974 passed by the Addl. Sessions Judge, Tonk, by which he acquitted the accused -respondent from the offence under Section 307, IPC, but found him guilty for the offence under Section 323, IPC only. He, therefore, ordered the accused to be released on probation.

(2.) ACCORDING to the prosecution, there was a public way which was going from village Anwan to Sitapur, which was obstruct by the accused Bajranga. He cultivated the portion of the public way illegally. A village Panchayat was called in this respect, which was attended by Kalyan also. On 28 -11 -1973 Mst. Nathi was coming back from her field in the evening to the village. A calf went into the disputed field. Bajranga abused Mst. Nathi and inflicted Jeli blows her on head Kalyan, who was coming on cycle got down and tried to rescue Mst. Nathi. Bajranga then inflicted severe blows by Jeli on the head of Kalyan also. On this Chouthmal, Ram Dev and Lallu intervened. Hiralal then lodged an oral report of this incident at the police station. The injured were shifted to the hospital and were medically examined. After completing the investigation, the police submitted a challan against Bajranga under Section 307, IPC. He was committed to the court of Addl. Sessions Judge for trial.

(3.) THE learned Public Prosecutor has argued that the learned Addl. Sessions Judge has misread the statement of the doctor and committed an error in holding that the accused respondent had no intention to inflict such injury which was in the ordinary course of nature sufficient to cause death. The case Under Section 307, IPC is clearly made out from the prosecution evidence.