MANI RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner Mani Ram stood convicted under sections 326 and 324, I.P.C. and was sentenced to four months rigorous imprisonment and to a fine of Rs. 100.00, in default whereof to additional rigorous imprisonment for one month by the learned Sessions Judge, Sri Ganganagar. No separate sentence was awarded under section 324, as he was sentenced for the major offence. His conviction under section 367, I. P. C. was set aside. Along with Mani Ram one Budhram was also tried. His conviction under section 367, .I. P. C. was also set aside, but he was held guilty of offence under section 323, I. P. C. and was given the benefit of probation.

(2.) The prosecution case, in brief, is that the complainant Darshansingh lodged a report on 29.8.1972 at Police Station Sadar, Ganganagar. It was alleged that he had gone to village Banwala with his wife in order to meet his in-laws. His wife was not keeping well and he was to go to a Maulvi to obtain talisman and, therefore, he went to the house of one Heeralal to get his bicycle. Heeralal said that his bicycle was out of order. He then started for the house of his brother-in-law Chandsingh and in the way the accused persons met him and on being asked he disclosed his identity as the brother-in-law of Chandsingh. It is said that the accused caught hold of him, lifted him and carried him to their house. Inside the house Maniram delivered sword blows on his left scapula and left arm and on the left little finger, which was cut. His shouts attracted his mother-in-law Jal Kaur. When she intervened, accused Budhram delivered lathi blows on her. A case under sections 367, 326/34 & 324/34, I.P.C. was registered and after investigation charge-sheet was presented in the Court of Munsif-Magistrate, Ganganagar. The accused persons were tried by the Assistant Sessions Judge, Sri Ganganagar. Both the accused persons were convicted under section 367, I. P. C. and accused Maniram was convicted under section 326, 323, read with S. 34, I. P. C. and 324, I. P. C. Accused Budhram was further convicted under sections 326 read with S. 34, I. P. C., 324 read with section 34, I. P. C. and 323 I. P. C. Both of them were awarded varying sentences for each offence and, all the sentences of imprisonment were ordered to run concurrently. Both the accused persons went in appeal before the Sessions Judge, Sri Ganganagar, who set aside the convictions of the accused persons for the offence under section 367, I. P. C. and convicted and sentenced the present petitioner as aforesaid. The other accused Budhram was given the benefit of probation, as stated supra. Accused Maniram, dis-satisfied with his conviction and sentence, has preferred this revision petition.

(3.) I have heard the learned counsel for the petitioner and the learned Public Prosecutor for the State.