SHESHIYA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by accused Sheshiya against the judgment of the Additional Sessions Judge No. 2, Jodhpur, whereby he has been convicted under section 325 I.P.C. and sentenced to undergo rigorous imprisonment for 2 years and pay a fine of Rs. 200.00 and in default of payment of fine to undergo further rigorous imprisonment for 2 months.

(2.) So far as the conviction of the accused appellant under section 325 I.P.C. is concerned, there is, in my opinion, overwhelming evidence which proves beyond realm of doubt that accused Sheshiya had inflicted a blow with "lathi" on the head of Mishrilal on Dec. 12, 1974. The injured was examined by Dr. S. C. Jain P. W. 7, and found one contusion 21/2" over the right side parietal bone, 21/2" above the pinna of the right ear. According to the doctor, this injury was grievous in as much as it endangered the life. The doctor has further deposed that on account of this injury, the injured Mishrilal began bleeding severely from his ears and nostrils. The doctor has further deposed that at the time of his examination the injured was in a state of shock which was likely to cause death. There is thus no doubt that the injury sustained by the injured Mishrilal on his head was a grievous one. Again there is no doubt that this head injury was caused by the "lathi" blow inflicted by accused Sheshiya.

(3.) The injured P. W. 2 Mishri Lal has deposed that when he was sitting at the bus-stand of village Kharia along with P. W. 1 Mangilal and P. W. 3 Bhanwarlal, the accused Sheshiya came there with "lathi" and inflicted a blow with it on the right temple of his head. His evidence stands corroborated by the statement of P. W. 1 Mangilal and P. W. 3 Bhanwarlal. Not only that, even the defence witnesses D. W. 1 Bansilal and D. W. 2 Babulal have deposed that accused Sheshiya inflicted a blow on the head of P. W. 2 Mishrilal, the injured. The learned Additional Sessions Judge, in the circumstances, rightly convicted Sheshiya of the offence under section 325 I.P.C.