MANAK CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Petitioner was convicted by the A.M.J.M., Aklera, for the offences under Sections 326 and 324, IPC and sentenced to three year's and one year's rigorous imprisonment respectively and fine. On appeal, this sentence was reduced to three months and one month and the fine imposed was Rs. 200/ - and Rs. 100/ - for the two offences respectively. Against this decision, given on 19 -10 -1987, the petitioner has preferred this revision.

(2.) FROM the facts of the case, it is very clear that the incident, which took place as early as 8 -5 -1977, was between two groups of the same caste, while they were crossing each other in the way. Later on the parties agreed to compromise the matter. The injury an account of which offence under Section 226, IPC is said to have been made out is a fracture on the little finger, caused by sharp weapon. Another injury of Badri Lal was a simple injury on the occipital region by the sharp weapon. Looking to the nature of the dispute and also the injuries, which were caused to Badri Lal and also the fact that except for the complainant all other witnesses have turned hostile which suggests that they were not willing to depose against the accused persons. This can be said to be a fit case, where in the imprisonment already undergone by the petitioner can be said to be sufficient to meet the ends of justice. The fine imposed by the lower appellate court is maintained. If the same has not been deposited, the petitioner is allowed 15 days time to deposit the same. In case he does not deposit the fine he shall undergo simple imprisonment for seven days and four days as ordered by the lower appellate court.