NANIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal by the accused is directed against the judgment dated the 2nd August, 1978, of the Sessions Judge, Pratabgarh, convicting and sentencing the accused -appellant for the offence under Section 326 IPC to 1 -1/2 years' of rigorous imprisonment and a fine of Rs. 100/ -, and in default of payment fine to one month's further rigorous imprisonment.

(2.) THE accused was tried for the offence under Section 307, IPC for causing injuries to Nagji Ram, his uncle on August 31, 1977 on the way between village Timarwa and Pratabgarh. The prosecution story, in brief, was that a couple of days before the incident some cattle had entered into the field of Nagji Ram in Manohargarh and caused damage to his crop of rice. He suspected that Naniya accused was responsible for this. On the date of the occurrence, Nagji Ram was returning from his brother Krishna's house and when he was on the Pratabgarh -Banswara Road, Naniya accused met him on the way. It was about sun -set. The accused asked Nagji Ram why he had falsely named the accused for grazing the cattle in his field. Nagji Ram told him that it was his cattle which had entered in the field and, therefore, he had rightly named him for this. On this, the accused abused Nagji Ram and inflicted axe blows on his body. Having received the injuries, Nagji Ram became unconscious and the accused ran away from the place. Nagji Ram regained consciousness after about an hour. He went to Krishan and told him all about the occurrence. Next day, i.e., September 1, 1977 at 7.30 a.m., he went to the police station Pratapgarh and lodged the First Information Report there. A case under Sections 324/323/341, IPC was registered against the accused and investigation started. The same day, the accused was arrested. An axe was recovered on the information and at the instance of the accused on September 2, 1977. After investigntion, the police submitted a charge -sheet against the accused in the Court of Munsif and Judicial Magistrate, Partabgarh, who committed him for trial to the Court of Sessions for the offence under Section 307 and 323, IPC.

(3.) BY the judgment dated the 2nd August, 1978, the Sessions Judge, Pratabgarh, convicted and sentenced the appellant as aforesaid for the offence under Section 326, IPC. The learned Sessions Judge has come to the conclusion that Nagji Ram received the injuries were caused by him. The injuries of Nagji Ram are proved by Dr. Ganendra Nath PW 7. The learned Sessions Judge has placed reliance on the testimony of these witnesses and after going through their statements, I do not find any infirmity in their depositions, which could discredit their testimony. I uphold the finding of the learned Sessions Judge that the injuries on the body of Nagji Ram were caused by the accused.