CHAUTH MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present appellant Chauthmal alongwith his wife Pushpa Devi, was tried by the Court of Additional Sessions Judge No. 2, Kota in Sessions Case No. 2/1985. The said court vide impugned judgment dated 25.9.1991 acquitted Pushpa Devi of offences under Sections 307/34 IPC. The trial Judge also acquitted accused Chauthmal for offence under Section 307 IPC, but convicted him for offence under Section 326 IPC. Having convicted the accused-appellant Chauthmal for the above said offence, the trial court vide a separate order of even date, sentenced the appellant to undergo one year rigorous imprisonment and to pay a fine of Rs. 500/-, in default thereof to undergo one month's rigorous imprisonment.

(2.) Occurrence in the present case had taken place on 5.10.1984. It is a case of the prosecution that on the said date at 11.00-11.30 AM, appellant Chauthmal armed with a sword, caused injuries to Chaturbhuj (PW.1), complainant, his wife Kamla (PW.2) and son Krishna Kumar (PW.3).

(3.) Chaturbhuj appeared in court as PW.1. In court Chaturbhuj (PW.1) stated that on 5.10.1984 at about 11.00-11.30 AM he was painting the door of his house. At that time, Chauthmal and his wife Pushpa started constructing a wall in the land in his possession, due to which abuses were exchanged. Chauthmal went inside the house and came armed with a sword, whereas his wife came armed with lathi. Chauthmal caused a sword blow on his head. Pushpa Devi caused him lathi injury. He became unconscious. At that time, his wife Kamla (PW.2) and his son Krishna Kumar (PW.3) were also attracted at the spot.