VIJAI SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a criminal appeal under Section 374 Cr. P.C. against the judgment dated 22 -7 -78, passed by the learned Addl. Sessions judge, Baran, in sessions case No. 57/77, convicting and sentencing the accused appellants under Section 307/34 I.P.C., as under:

(2.) THE allegation against the appellant is that on 31 -1 -77 at about 10.00 a.m., in village Bahadurganj all the accused appellants conspired and gave beating with lathes to Nand Singh. An FIR regarding the incident was lodged on the same day at 3.45 p.m. by Ram Singh at Police Station, Atru. According to the medical report, Nand Singh had 2 injuries on his head caused with blunt weapon. Injury No. 2, according to the medical report, was grevious. The blood had also come from the right eye and right ear of Nand Singh. As per Ex. P 3, since the X -ray unit in Maharao Bhim Singh hospital, Kota was out of order, private X -ray of Nand Singh was conducted, which showed the fracture in the head. All the accused persons were charged under Section 307/34 I.P.C.

(3.) I have heard Mr. Shahid Hasan appearing for the appellants and Mr. Suresh Sharma, learned Public Prosecutor for the State.