JITU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the judgment passed by the Additional Sessions Judge, Bhilwara, dated 8/12/1977/ 7/1/1978 whereby the learned Judge convicted the accused appellant, Jitu for offence under sections 326 and 327 I.P.C. and on each count sentenced him to three years rigorous imprisonment and a find of Rs. 500.00. In default of payment of fine to further undergo 4 months rigorous imprisonment and convicted six other accused-appellants under sections 327 and 329 and under section 323 I.P.C. and sentenced each of them to undergo one years rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine to further undergo three months imprisonment for the first offence and for the latter to three months rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine two months further rigorous imprisonment. All the sentences were ordered to run concurrently.

(2.) The facts giving rise to this appeal are that a typed report was lodged at Police Station Gangapur on behalf of Ambalal Jat, P.W. 6 wherein it was alleged by him that at the time of sun set on the previous evening i.e. on 1.9.76 he was smoking sitting outside his house along with his younger brother Magna and another Magna s/o Jodha Jat. At that time accused Sohan Lal, Kushal and Gordhan, residents of Kangani village came there and Sohanlal told him that his brother Mangilal has got acute pain in his stomach hence both the brothers are called at Kangani. Hearing this he went to Kangani where he was taken to the hotel of Nanalal Devi. Jitu, Gordhan, Banshi and Jeevraj along with Perna and Kajod were already sitting there. Accused Jitu told him that he should pay the money to his brother Nana on which he protested and denied that any amount was outstanding against him Thereupon it is alleged that Jitu took a knife from Gordhan and inflicted injury which bit him on the ear resulting in perfuse bleeding. Thereafter Sohanlal gave a lathi blow on his right thigh and Gordhan, by the backside of an axe, inflicted him injury on his chest. He also attributed injuries to Banshi, Kushal and others. At that time his brother Mangu came to intervene, on which Perna, Lehru and Jeevraj also beat him. It is said that thereafter Jeevraj Mahajan scribed a promote in the sum of Rs. 1500/- and obtained his thumb impression forcibly. It is alleged that is brother Mangilal Magna was also compelled to sign the pronote. On receipt of this report a case under sections 147, 307, 148, 323 and 149 I.P.C. was registered and investigation commenced. During the course of investigation, Ambalal and Magna were got medically examined at Government Hospilal, Gangapur, where Dr. K.K. Agarwal, who examined them found the following injuries on Amba Lal and Mangoo respectively: - 1. One oblique contusion 11/2 x over the right chest above the nipple. 2. One oblique contusion x 1/2 over the outer and middle region of right thigh. One contusion 1 x 11/2 over superior angle of left scapula back. One oblique incised wound 11/4 x 1/4 through the ear cartilege over the upper 3rd region of right ear. 1. One oblique contusion 2 x 1/2 over the right back and outer region. 2. One oblique contusion 1 x near the 9th Thorasicspine right back. 3. One Transverse contusion 2 x 1/4 over the back of right shoulder. 4. One contusion 1 x 1/2 over the back of middle region of right arm. One longitudinal contusion 41/2 x 1/4 over the thinner and middle region of left forearm. One oblique contusion 11 x 1 near the 4th Thorasic spine left side back.

(3.) The promissory note book as well as Bahi was also recovered from accused Nana Lal and after arrest of the accused persons and completing the investigation, charge sheet was submitted in the court of Munsif and Judicial Magistrate, Gangapur, who committed all the seven accused appellants to face trial before the AddI. Sessions Judge, Bhilwara.