BISHAN DASS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-petitioner Bishan Dass was tried before the Additional Munsiff & Judicial Magistrate (East), Ajmer, for voluntarily causing injuries with acid to PW 5 Jackiprasad and others. The injuries sustained by Jankiprasad and his associates were found to be simple by PW 15 Dr. M.M. Mathur. The learned Magistrate found the defence evidence to be unreliable. Placing reliance on the statements of PW 2Jora, PW 4 Bhanwarlal, PW 5 Janki Prasad, PW 6 Panchu, PW 7 Kamrudeen, PW 8 Hardeo and PW 11 Abdul Hamid, corroborated by the evidence of PW 15 Dr. M.M. Mathur, convicted the accused-petitioner under section 324, IPC., and sentenced him to one year's rigorous imprisonment. The appeal filed by the accused-petitioner, came up for decision before the Sessions Judge, Ajmer, who by her judgment dated Sept. 6, 1976, partly accepted it. She maintained the conviction under section 324, IPC., but reduced the sentence from one year's rigorous imprisonment to six months' rigorous imprisonment. Hence this revision petition.

(2.) Mr. B. Advani, learned counsel appearing as amicus curiae for the accused-petitioner, has argued all those points, which can be urged in this case. The trial court has, after scanning evidence of the prosecution witnesses in detail found them reliable. Nothing could be shown at the bar on the basis of which the veracity of their statements-can be doubted. I find no reason to disturb the finding of fact arrived at by the two courts below and upheld the conviction of the accused-petitioner under section 324, IPC.

(3.) As regards sentence the learned counsel has urged that the accused-petitioner has lost his service and all the benefits arising out of his service for a pretty long time. He has a large family to maintain and his further continuance in jail is not likely to have any reformative effect upon him.