MUSTAFA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Sessions Judge, Sawai Madhopur dated 28th February, 1978. The accused was tried for an offence under, Section, 307 IPC, but was convicted under Section 323, IPC, and was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/ -, and in default to undergo further rigorous imprisonment for one month.

(2.) THE learned Counsel for the accused appellant has contended that at the time of occurrence the accused was below 21 years of age. The incident is alleged to have taken place en 30th March, 1976. According to the school certificate the date of birth of the accused appellant is 6th July, 1959. It has been contended that the accused appellant had gone to fetch his wife Mst. Saharbanu who was with her parents. As Mst. Saharbanu was not prepared to accompany the accused, a scuffle arose in which the accused beat her. According to the medical report, the following injuries were found on the body of Mst. Saharbanu:

(3.) MR . Khan, learned Public Prosecutor, appearing on behalf of the State has not opposed the extension of the benefits of the provisions of Section 360, CrPC read with Section 6 of the Probation of Offenders Act to the accused appellant.