VIBHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Sessions Judge, Jalore dated June 28, 1978 whereby the learned lower court held the accused -appellant Vibha guilty of the offence under Section 326 IPC and has sentenced him to three yeats' rigorous imprisonment together with a fine of Rs. 500/ - and in default, to undergo three months' rigorous imprisonment.

(2.) THE facts of this case briefly stated are that on January 23, 1978, complainant Vibha was sitting on the Bus Stand near the cinema in the town of Sanchore. Accused Vibha's brother Dhira sold some land to the complainant in Samvat 2030 through a registered sale deed. This was ancestral land and at the time of the sale, accused was minor. When he attained the majority, he tried to take back the possession of this land and he was always giving threats to him that either he should leave this field or he may be killed. To fulfill that threat, it is alleged that on January 23, 1978 at about 3 p.m., the accused came armed with an axe and inflicted injuries on his head in order to kill him by which he fell down on the ground. One blunt weapon injury was also received by him but that appears to have come by a fall and the other two incised wounds which have been received on his head are the result of the axe blows inflicted by accused Vibha. A written report of the incident marked Ex. P7 was lodged at the Police Station, Sanchore on that very day at about 3.15 p.m. The medical examination of the injuries of Vibha was conducted by Dr. M.L. Doshi, who has issued injury report Ex. P. 11. His radiological examination was conducted by Dr. D.K. Sankhla. The X -ray reading report has been marked Ex. P. 1. The X -ray report has disclosed that he had a depressed fracture and a linear fracture through the doronal sulures of the head.

(3.) AFTER hearing the parties, the learned lower court acquitted the accused -appellant Vibha of the offences under Sections 307 and 323 IPC. It has, however, held him guilty of the offence under Section 326 IPC and has sentenced him as aforesaid. Hence this appeal by the accused -appellant.