MAHENDRA SINGH Vs. STATE OF RAJ.

JUDGEMENT

(1.) This criminal appeal springs from the judgment dated 3.4.1981 of the Addl. Sess. Judge No. 1, Bharatpur, whereby the appellant, Mahendra Singh has been held peccant for the offence under Section 325, IPC, and sentenced to undergo 2 years' R.I. with a fine of Rs. 2,000.00, in default, two months' R.I.

(2.) Nawal Singh (informant) lodged a report at police station Bhusawar on 1.12.1979 alleging therein that, both, the complainant and the accused parties, used to irrigate their agricultural land from a well family known as 'Golaka Kua' situated in village Salimpur Kalan of Bhusawar police station whereupon an electric connection was obtained by one, Ram Sahaya (PW 10), that, on 26th morning of Nov., 1979 at about 81/2 O'clock, when he (informant), his son - Keshari Singh & Yadunath Singh - were watering from the said well with the aid of electric motor, five named in the report then arrived at the well switched off the electric motor and started hurling abuses, to which Kesari Singh and Yadunath Singh objected and asked as to why they switched off the electric motor, and than Yadunath Singh want on to re-start the electric motor but some of the accused over-powered him. Thereafter, Kesari Singh intervened but, Mahendra Singh is alleged to have inflicted shovel blow on the head of Kesari Singh - shovel was lifted by the accused-appellant from the well; as a result of shovel blow, Kesari Singh fell down and became unconscious. Thereafter, Mohar Singh (accused) is said to have inflicted lathi blow on the right hand of Kesari Singh. On hearing hullabaloo, Ram Dayal and Yaduveer with other village people came to the scene of occurrence and however, the accused persons ran away. Thereupon Kesari Singh was taken to Salimpur dispensary where its Incharge directed the injured to be taken to Bharatpur where he was medically examined. After x-ray a fracture of left parietal bone on the person of Kesari Singh was found. Kesari Singh remained as Indoor patient in Bharatpur hospital from 26.11.79 upto 22.12.1979.

(3.) After usual investigation, a challan was filed against five persons including the appellant for the offences under sections 307, 323 and 147, IPC. The learned trial Court framed charges for the said offences against all the accused persons. In all ten prosecution witnesses were examined. The statement of the accused-appellant were also recorded under Sec. 313 Crimial P.C. wherein they denied prosecution allegation. After due trial and hearing the parties, the learned trial Court acquitted four of the accused persons but convicted the appellant only for the offence under section 325, IPC.