SHRAWANGIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Additional Sessions Judge, Nohar, District Hanumangarh whereby he convicted accused-appellant Shrawangir for the offence under Sections 307 and 324 I.P.C. and sentenced him to undergo 7 years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine, further imprisonment of three months for the offence under Section 307 and punished with one year's rigorous imprisonment for the offence under Section 324 I.P.C. However, the accused-appellant was acquitted under Section 323 I.P.C.

(2.) Charge against the accused-appellant was that on 24.1.2002 at about 5.00 P.M., accused inflicted axe blow on the head of Bhagat Ram in order to commit culpable homicide amounting to murder at Chak 1 RWM, Rawatsar near the Shop of Nimbaram. He also inflicted two other axe blows which were both simple and grievous in nature. The report of the incident was lodged on the statement of Bharat Ram. The axe was recovered. The injured was medically examined. After investigation, police filed challan against the accused-appellant under Sections 307, 326, 324 and 323 I.P.C. before Judicial Magistrate, Rawatsar, District Hanumangarh who committed the case to the sessions. Learned trial Judge framed charges against the accused-appellant under the above-sections to which he pleaded no guilty. Prosecution examined seven witnesses. Statement of accused under Section 313 Cr.P.C. was recorded. He led no evidence in defence.

(3.) After hearing the arguments, learned trial Judge came to the conclusion about the gilt of the accused under Section 307 which was punishable higher than the offence under Section 326 I.P.C. and under Section 324 I.P.C. and sentenced him as above. However, accused-appellant was acquitted under Section 323 I.P.C.