LACHHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed by Lachha and Harta against the judgment of the Sessions Judge, Udaipur, dated 2nd July, 1976, whereby Lachha appellant was convicted under secs. 394/34 and 397, I. P. C. and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 100/-, in default of payment of fine to further suffer rigorous imprisonment for one month on the first count and on the second to undergo rigorous imprisonment for seven years. By that very judgment, Harta also was convicted under sec. 394, I. P. C. and sentenced to undergo rigorous imprisonment far four years and to pay a fine of Rs. 100/-, in default of payment of fine to further suffer rigorous imprisonment for one month.

(2.) THE prosecution case against the two appellants was as follows: - On 17th September, 1975, at about 7 p. m. one Bhima was going from his house to his fields which were situated near village Salariya. In the way near Khera-ki-Khadari both the appellants met Bhima and made an assault on him. Lachha appellant had a lathi with him, with which he caused injuries to Bhima, while Harta appellant forcibly took currency notes of Rs. 127/-, out of the pocket of Bhima's bush-shirt. Bhima raised an outcry, which attracted Deeta and Pema to the place of occurrence. At the sight of these persons, the appellants ran away from the spot. Deeta and Pema brought Bhima injured to Udaipur, where he was medically examined by Dr. G. L. Dad on 19cn September, 1975. THE Doctor found the following injuries on his body: - (1) bruise 2 cm x 1-1/2 cm, reddish blue colour, below lower lip left side with slight swelling. THEre i$ motility with tenderness of left side of lower gums from the central portion of the mandible i. e. symphysis; (2) diffused swelling with tenderness over parotid region and bruise 2 cm x 1 cm below it. THEre is difficulty in articulation of the lower jaw. Both the injuries were caused by a blunt weapon. THE Doctor advised X-ray examination of both the injuries on the body of Bhima. THE injuries were accordingly X-rayed and were found grievous, as there were fractures of the mandible at the symphysis-menti and near the angle. A written report of this incident was made by Bhima Ram to the Superintendent of Police, Udaipur, on 30th September, 1975. THE Superintendent of Police, Udaipur, forwarded the report to the Station House Officer, Bekaria, for registration of a criminal case. Bhima Ram produced the written report before Vijai Singh, Head Moharir of Police Station, Bekaria, as late as on 17th October, 1975, at 11. 45 a. m. Vijai Singh registered a criminal case under secs. 392 and 394, I. P. C. on the basis of the written report made by Bhima and made usual investigation into the matter. On 18th October, 1975, he inspected the site, prepared a site plan and recorded the statement of Bhima. THEreafter, the case was Investigated by the Station House Officer, Bekaria, who arrested Lachha and Harta appellants, vide memo of arrests Exs. P. 8 and P. 9 Harta produced currency-notes of Rs. 67/-, before the Station House Officer, which were taken into possession by the latter and kept in an envelope. Likewise, Lachha produced currency notes of Rs. 60/-, before the Station House Officer, which were also taken into possession by the latter. After collecting other necessary evidence, the investigating officer filed a challan against both the appellants under sections 394 and 397, I. P. C. in the court of the Additional Munsiff-Magistrate No. 2, Udaipur. THE learned Magistrate, upon finding a prima-facie case exclusively triable by the court of Sessions, committed both the appellants to the court of the Sessions Judge, Udaipur, for trial under the aforesaid sections. THE Sessions Judge tried Lachha and Harta appellants and found Lachha guilty of the offence under secs. 394/34, and 397, I P. C. He found guilty Harta also under sec. 394, I. P. C. THE Sessions Judge, therefore, convicted and sentenced both the appellants in the manner stated above. Aggrieved by their convictions and sentences, the appellants have preferred this appeal to this Court.

(3.) THE result of the above discussion is that I partly accept the appeal of Lachha and while setting aside his convictions and sentences under secs. 394/34 and 397, I. P. C. acquit him of the said charges, but convict him under sec. 325, I. P. C. only and sentence him to undergo rigorous imprisonment for eighteen months and to pay a fine of Rs. 100/-, in default of payment of fine to further suffer rigorous imprisonment for one month. Lachha, appellant, is already in jail. He shall serve out the sentences awarded to him by this Court. However, the period of detention, if any, undergone by him during investigation, inquiry or trial of this case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him and his liability to undergo imprisonment, on such conviction, shall be restricted to the remainder, if any, of the term of imprisonment imposed on him.