UMIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal by the accused is directed against the judgment dated the 22nd July, 1985 of the Sessions Judge, Jalore, convicting and sentencing the accused appellant for the offence under Section 325 I. P. C. to four years rigorous imprisonment and a fine of Rs. 400/-, in default of payment of fine to further rigorous imprisonment for four months.

(2.) THE case relates to the incident which took place on January 12,1985 at about 2-3 P. M. on the road from Odwara to Based in which Smt. Bhuri received injuries resulting in her death. According to the prosecution, Smt. Bhuri was going from Odwara to Based and when she reached near a Kair tree after covering some distance from Odwara, the accused met her on the way and caused injuries by an axe. As per the prosecution case the accused first gave a fist blow on her face and then assaulted her with the blunt side of the axe causing injuries on her lip and stomach. Smt. Bhuri raised an alarm which attracted the witnesses Girdhari Meghwal and Devi Singh. THE accused then left the place and ran away. Smt. Bhuri was brought to the hospital Jalore where she was examined by Dr. R. P. Purohit Medical Officer incharge who found the following injuries on her person :- 1. Right eye is red (sub conjectival haemorrhage) in whole of the eye. simple blunt 2. Echymotes over whole of the lower lip on both sides bluish red in colour 8 cm x 1/2 cm. " " 3.Swelling (hematoma) on the right hypochondric and right lumber region marked by painful. After treatment is over " 4. C/o pain in the private part -did not pass urine last 16 hours, examined by Dr. (Mrs.) O. P. Sharma, Junior Spl. (G&e), G. H. Jalore. No evidence of any injury.

(3.) THE statements of Girdhari and Devi Singh eye-witnesses to the occurrence have read over to me. I have also gone through the dying declaration of Smt Bhuri Ex. P. 6. In my view the nature of the injuries found by the doctor, noticed above, on the body of Smt. Bhuri do not made out a case under Section 325 I. P. C. THE two injuries found on the face of Smt. Bhuri are contusions and Dr. Purohit has described them as simple by blunt object. No external injury was found by the doctor on the stomach or abdomen of Smt, Bhuri. No such injury has been mentioned in the post-mortem report. THE injuries on the abdomen are internal injuries affecting the liver, kidney and intestines. THE evidence of the eye witnesses that the injuries of Smt. Bhuri were inflicted by an axe either by its sharp edged side or by the blunt side does not find support from the evidence of the doctor It would not, therefore, be safe to hold that any grievous injury was caused to Smt. Bhuri by the blunt side of the axe. THE doctor in his statement has not described any injury as grievous or dangerous. THE prosecution has thus failed to establish that any grievous injury was caused by the accused to Smt. Bhuri. THE causing of injuries by fist to Smt. Bhuri has been admitted by the accused and they are simple in nature. THE conviction of the appellant, therefore, deserves to be altered from Section 325 to 323 I. P. C.