MADAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a criminal revision under Section 397 Cr. P.C. against the judgment dated 6-10-1982 of the Additional Sessions Judge, Jhalawar in Appeal No. 32 of 1982.

(2.) On 19-12-1972 a complaint was lodged by one Kanhiram alleging that on 15-12-1972 at about 5.00 p.m. when he was drawing water by CHARAS Madan his son-in-law started beating his daughter Shanti. Kanhiram went there and tried to appease Madan. Madan waved his Kulhari and injured the right cheek of Kanhiram and another accused Shiv Lal inflicted an injury by the butt of the gun on the back of the Kanhiram which made him fall down. Madan inflicted an injury by Kulhari on the nose of Kanhiram and kept on beating him by the blunt side of his Kulhari so he became unconscious. After this complaint the investigation was done and ultimately the challan was filed. The accused has been convicted under Section 326, Indian Penal Code.

(3.) The principle submission of counsel for the petitioner Madan M. Garg who appeared and argued earlier and Mr. Jain who lateron repeated his argument is that in fact Madan received injury and for that purpose Kanhiram has already been convicted in a cross case for Sections 323 and 324, I.P.C. and probation has been granted. It was argued that in view of this Madan acted in self defence and no offence is made out. It was also argued that theory of free fight has been wrongly invented by the two courts below. It was also argued that the story put up is absolutely false and concocted and for that purpose false evidence has been created and false site plan has been prepared.