BABU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BABU Singh appellant was convicted by the learned Additional Sessions Judge, Dausa for the offence under Section 324, IPC and sentenced to rigorous imprisonment for two years and a fine of Rs. 500/ -, in default of payment of fine to further undergo rigorous imprisonment for three months, by his judgment dated December 15, 1976.

(2.) THE prosecution case, in brief, is that Angad Singh PW/1 and the appellant, Babusingh belong to one family, and there is some dispute regarding 'pator' and some land which one party alleges to be its own, while the other alleges it to be its own; and on this ground there is some enmity between the accused Babusingh and the injured Angadsingh. The appellant is alleged to have been serving in Ahemdabad and he was summoned by his mother telegraphically, and he reached his village Paparda, and he came there on May 24, 1976 along with one of his companion Abdul khan. It is further alleged that on the morning of May 25, 1976, at about 10:30 p.m., the injured Angadsingh, was standing in the market near the shop of Gangasahay. The appellant attacked Angad Singh with a knife and caused injury on his chest. One Rameshwar snatched the knif from Babusingh appellant. Anyhow, he along with his companion Abdul Khan made good his escape. The brother of the injured Ghanshyam also reached at the spot. He took the injured first to the dispensary and then to the Police Station, Dausa and lodged the report Ex. P/2. The injured was thereafter brought to the SMS Hospital, Jaipur where he was medically examined and treated for his injury. Dr. M.R. Goyal, Medical Jurist, PW/15 medically examined the injured, Angad Singh on May 25, 1976 at about 5.30 p.m. He found one penetrating wound 1 1/4' X 1/2' x thoracic cavity obliquely placed with clean cut margins gaping exertion and blood air came out when the swab from the wound was removed suggesting lung and pleural injury on the chest. He prepared the injury report Ex. P/16. After investigation the appellant along with his associate Abdul Khan was challenged to the Court of Munsiff and Judicial Magistrate, Dausa, who committed them to the Court of Additional Sessions Judge, Dausa to stand their trial for the offence under Section 307, IPC.

(3.) I have heard the arguments of the learned Counsel for the appellant and the learned Public Prosecutor for the State.