SARNAM SINGH Vs. STATE

JUDGEMENT

(1.) -

(2.) MAHESH Chand son of Ramcharan, who was at the relevant time aged about 16 years was heroine of a 'Nautanki' party of which Sarnamsingh petitioner was also a member. Parents of MAHESH Chandra did not like that their son should go astray and asked him to leave the 'Nautanki Mandli'., It seems that Sarnamsingh was worried about the heroine leaving the Nautanki Mandli and consequently on June 23, 1980, he took MAHESH Chandra to his house and insisted upon him not to leave the Mandli. On refusal of MAHESH Chandra to continue to be member and heroine of the Mandli, the petitioner chopped off the nose of MAHESH Chandra from his face and for that he was prosecuted in the court of the learned Chief Judl. Magistrate, Dholpur who hold him guilty for the offence under Section 326 IPC and sentenced him to rigorous imprisonment for 3-1/2 years and to a fine of Rs. 1.00/- and in default of payment of fine to a further rigorous imprisonment for a term of one month. The period during which he remained under detention during investigation and trial was set off against the sentence. The petitioner filed a criminal appeal before the court of Sessions which was decided by the learned Additional Sessions Judge, No. 3, Dholpur by his judgment dated July 8, 1982. The learned Addl. Sessions Judge, reduced the sentence of imprisonment from 3 years 6 months to 3 years but the amount of fine was increased to Rs. 1,000/-.