NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been directed against the judgment dated 27th April1983, passed by the learned Sessions Judge, Sikar, who convicted all the accused under Sections 447, 147,325 read with 149 and 323 read with 149 IPC. The learned Sessions Judge sentenced accused Narain Lal, Peetama Ram and Ramlal under S. 147 IPC to undergo rigorous imprisonment for one year. Similarly, under S. 325 read with 149 IPC all the above named petitioners have been sentenced to undergo one years rigorous imprisonment and fine of Rs. 200/- As far as S. 447 IPC is concerned, one months sentence has been awarded to all the above named petitioners and under S. 328 read with S. 149 IPC. 3 months rigorous imprisonment was awarded. Rest of the petitioners have been granted advantage of Probation of Offenders Act.

(2.) I have perused the record of the case and I do not find any force in the submissions made by the learned counsel for petitioners. The conviction of all the accused petitioners is maintained.

(3.) The petitioners and the complainants are the relatives. The incident took-place in the month of February, 1981. The incident has also taken-place may be on account of dispute between the ladies and there was no previous enmity. Ex. P 4, is the injury report of Jamini. The Doctor, has opined that injury number 1, is grevious in nature. He has also found that the middle bone coming outside of the right leg. The Doctor has also opined that this injury has been caused by the sharp edged weapon. Ex. P 3. is the X-ray report. The radiologist has reported fracture of tibia and fibula bone on their mid shaft.