MITHALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dt. 18.04.1988 passed by Addl. Sessions Judge, Rajsamand ( ''the trial Court '' hereinafter) in Sessions Case No. 42/86 whereby the trial Court held the appellant guilty for commission of offence punishable under Section 324, IPC and sentenced him to suffer rigorous imprisonment for two years and pay fine of Rs. 500/ - in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) AS per facts of the case complainant Shantilal S/o Ghisulal r/o Gilund filed a complaint at police station Railmagra at 12 O ' Clock on 18.07.1986 alleging that Ghisulal has Khatedari land over which he has possession for 2 -3 years. It is alleged by him that on that day he alongwith Ladulal and Ghisulal went to his field where they saw Mithalal (accused appellant), with a sword in his hand, cutting thorny shrubs thor upon which they interjected and told him why he was cutting thor and, infuriated, Mithalal accused hit a sword blow on the head of Ladulal which, in an attempt to ward off, Ladulal received on hand and as a result of it, Ladulal was injured on head and hand. it was alleged that the accused attempted to kill Ladulal and if Ladulal had not warded off the blow with his hand his head would have been ripped up. The complainant alleged that when he and Ghusulal tried to catch hold of him he ran away. It is stated that at that time Devji, Prithviraj Jat and Magani Ram Jat had approached there and they also witnessed the incident. On the complaint, the police registered case for offence under Section 307, IPC and started investigation. After completion of investigation, challan was filed against the accused appellant for commission of offence under Section 307, I.P.C.

(3.) WITH a view to arriving at correct finding on the charge levelled against the accused, the trial Court framed two questions. Firstly, whether the accused inflicted any injury to Ladulal and Secondly, whether the injuries, if so inflicted by him, are such that the accused may be held guilty for attempting to murder the injured.