BHANWAR LAL & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated, April 18, 1996 passed by the learned Additional Sessions Judge, Jhalawar (Camp Aklera) in Sessions Case No. 6/95, convicting and sentencing the appellants as under: <FRM>JUDGEMENT_99_LAWS(RAJ)8_19961.html</FRM> The substantive sentences were ordered to run concurrently. On recovery of the amount of fine, 75% of the same was ordered to be paid to the injured Onkar Lal by way of compensation.

(2.) Briefly stated, the prosecution case was that Crime No. 59/94 was registered at the Police Station, Bhalta- district Jhalawar on the oral statement of the injured Onkar Lal who was taken there on a cot. This statement was recorded at 7.30 p.m. on the very day of the incident which was alleged to have taken place at 4 p.m.. in the field near village Rojya. According to the prosecution, the appellants came there with 'Gadasis' and assaulted the informant Onkar Lal causing several injuries on his person. The injuries were examined by PW 6. Dr Ramesh Chand Dube, Medical Jurist, S.R.G. Hospital, Jhalawar, at 1 a m in the night and he found the following injuries vide injury report Ex.P 4 :

(3.) After completion of usual investigation, a charge-sheet came to be filed against the appellants in the Court of Civil Judge (Lower Division) cum-Judicial Magistrate, Aklera on 26.9.94 Under sections 307, 326, 325, 324, 323/34 IPC. The offence Under section 307 Penal Code being exclusively triable by the Court of Sessions, it was committed to the Court of Sessions Judge, Jhalawar from where it was made over to the Court of Additional Sessions Judge, Jhalawar.