RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this revision petition aggrieved by judgment and order dated 28.06.2017 passed by Sessions Judge, Tonk (Rajasthan) & judgment and order dated 14.09.2015 passed by Judicial Magistrate Dooni, Tonk, whereby, petitioner has been convicted for offence under Sections 323, 326, 341 of I.P.C. and has been sentenced to undergo simple imprisonment of one month for offence under Section 341 I.P.C. and fine of Rs. 100/-. On non payment of fine to further undergo simple imprisonment of seven days, sentence of one month simple imprisonment for offence under Section 323 of I.P.C. and fine of Rs. 500/-, in default of payment of fine to further undergo 15 days simple imprisonment and sentence of one year for offence under Section 326 I.P.C. and fine of Rs. 5,000/- and in default of payment of fine to further undergo three months simple imprisonment.

(2.) It is contended by counsel for the petitioner that the offence pertains to biting of the ear and the same does not fall within purview of Section 326 I.P.C. Counsel for the petitioner has placed reliance on "Shakeel Ahmed v. State, 2004, 10 S.C.C Page 103."

(3.) It is also contended that the matter is of the year 2002 and the petitioner has faced agony of trial for last 15 years and the petitioner is aged 62 years.