SARNAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MAHESH Chand son of Ramcharan who was at the relevant time aged about 19 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 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 helped him guilty for the offence under Section 326 I.P.C. and sentenced him to rigorous imprisonment for 3 -1/2 years and to a fine of Rs. 100/ - 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 earned 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/ -.

(2.) SARNAM Singh has come in revision before this Court. When the case was called for hearing the learned Counsel for the petitioner did not appear and therefore the learned Public Prosecutor was heard. At the time of dictation of this order, the learned Counsel for the petitioner appeared and he was also heard.

(3.) THIS petition has no force in it and it is hereby dismissed.