SUBHASH CHANDER ARORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner under Sec. 397/401 Crimial P.C. against the judgment dated 19.7.1999 passed by learned Addl. Sessions Judge, Raisingnagar (for short 'the Appellate Court') in Criminal Appeal No. 54 of 1998 whereby, the learned Appellate Court dismissed the appeal filed by the petitioner and upheld the judgment dated 29.6.1998 passed by learned Judicial Magistrate, Srivijainagar in Criminal Case No. 167 of 1996 convicting the petitioner for offence under Sec. 326 I.P.C. and sentenced to one year rigorous imprisonment with fine of Rs. 1,000.00, in default of payment of fine further undergo three months R.I.

(2.) Briefly stated, the prosecution case as set up is that on 11.4.1989, complainant Malkeet Singh gave oral report at the Police station, Srivijainagar that he and his brother Manjeet Singh were preparing for 10th Board examination and they had rented a room near Gurudwara. Some boys of their village had also rented room near the complainant's room. It is stated that at about 3:00 PM, Subhash Chandra and one Jagdish called the brother of Complainant outside the room and started beating him with a hockey stick. When the complainant intervened, Subhash Chander inflicted knife blow on his hand. Upon raising hue and cry, neighbourers came and the accused persons fled away.

(3.) On the basis of the above report, police registered a case for offence under Sections 324, 323/34 I.P.C. On completion of investigation, a charge-sheet was filed against the present petitioner alongwith Satish Kumar, Om Prakash and Jagdish for the offences under Sections 326, 323, 34 I.P.C. Thereafter, charges of the case were framed against the accused persons who denied the charges and claimed trial.