KALYAN SAHAI AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants have preferred this revision petition aggrieved by judgment and order dated 31.05.1988, passed by Additional Sessions Judge No.1, Alwar, whereby the appellants-Kalyan Sahai and Rameshwar have been convicted for offence under Section 326/34 IPC and have been sentenced three years rigorous imprisonment and fine of Rs. 1,000/-, in default of payment of fine to further suffer four months rigorous imprisonment. Appellant Kalyan Sahai has also been convicted for offence under Section 324 IPC and has been sentenced to two years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo three months rigorous imprisonment. Appellant No.2-Rameshwar has also been convicted for offence under Section 324/34 IPC and has been sentenced two years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo three months rigorous imprisonment.

(2.) In brief, the facts of the case are that on 24.03.1986, a report Ex.P-1 was lodged at police station, Laxmangarh, District Alwar that on 23.03.1986 when Prabhati, Pyarelal, Sukku and Bafati were in their field, appellants alongwith Situ Ram, Murari, Ramesh and Kaptan Singh attacked them. Appellant No.1 Kalyan Sahai gave blow of farsi to Sukku, Chhaju and Prabhati, appellant No.2-Rameshwar also caused injuries. Police after due investigation submitted charge-sheet against five accusedpersons. Charges were framed against appellants and other coaccused. Accused denied the charges and sought trial, upon which as many as thirteen witnesses were examined on behalf of the prosecution. Accused were examined under section 313 Cr.P.C., 1973 they did not produce any evidence in defence. Court after hearing arguments, acquitted Rohitash, Murari and Mahesh but convicted present appellants for offence herein above mentioned, however, appellants Kalyan Sahai and Rameshwar were sentenced for offence under Section 326 in place of Section 307 IPC, aggrieved by which the present appeal has been preferred.

(3.) It is contended by counsel for the appellants that the matter is of March, 1986, there is a delay of twenty four hours in lodging of F.I.R. A cross F.I.R. Ex.D-8 was filed by the accused-party. It is also contended that appellant-Kalyan Sahai was a Government Teacher and he has now retired and is aged 80 years, no purpose would be served I n now sending him to jail at this age. It is also contended that from the accused side, Rohitash and Rameshwar have received thirteen injuries and five injuries respectively, which are simple and blunt but are not explained by the prosecution. It is also contended that six persons were named in the F.I.R. Charge-sheet was filed against five persons, out of which three persons have been acquitted. It is not established that the injuries sustained by Chhaju, Prabhati and Sukku has been caused by farsi. It is also contended that farsi has not been recovered.