SURESH Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment of the learned Sessions Judge, Merta dated Feb. 3, 1979 by which he has convicted the accused-appellant under Sec. 326, I.P.C. and sentenced him to undergo rigorous imprisonment for 11/2 years and to pay a fine of Rs.500.00 and in default to undergo rigorous imprisonment for three months. The facts of the case giving rise to this appeal may be summarised thus.

(2.) In the morning of Nov. 10, 1977, a quarrel took place in between the accused-appellant and co-accused Khetaram on the one hand and the injured Malaram, in xegar Mohalla. Kuchamrn City. The accused-appellant inflicted a blow with his rapit on the obdomen of the injured Malaram PW. 1. On his statement Ex. P. 1 FIR Ex. P. 20 was registered under sections 326 and 307, Penal Code against the accused-persons. After investigation, challan was filed against both of them. Charges under Sec. 307 read with Sec. 34, Penal Code and in the alternative Sec. 326 read with Sec. 34 and in the alternative Sections 307 and 326 read with Sec., 09, Penal Code were framed against the co-accused Khetaram and under Sec. 307, Penal Code and in th3 alternative Sec 326, Penal Code was framed against the accused appellant Suresh. The prosecution examined 13 witnesses and produced and proved 21 documents. Both the accused denied the prosecution story and evidence. They did not produce any evidence in their defence. After hearing the parties, the co-accused Khetaram was acquitted and the accused-appellant was convicted under Sec. 326, Penal Code by the learned Sessions Judge, Merta as said above. It is contended by the learned counsel for the accused-appellant that all the prosecution witnesses including the father Sujaram PW. 2 of the injured, had turned hostile, no reason has been given in the injury report Ex P. 2 while describing the stab wound as grievous injury, bed-head ticket has not been filed and proved & no reliance can be placed on the testimony of Dr. S.L. Sahai, PW. 12 when he says that on the basis of his memory, stab wound was grievous in nature. In the alternative he contended that the case under Sec. 324, Penal Code is only proved against the accused appellant and he should be released on the sentence already undergone by him.

(3.) The learned Public Prosecutor tried her best to support the conviction and sentence of the accused-appellant.