RAMESH ALIAS RAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated July 21, 1987, the AddI. Sessions Judge, Chittorgarh, has convicted and sentenced the appellant for the offence under section 326 I.P.C. to four years R.I. and a fine of Rs. 250/-, in default of payment of fine to further R.I. for four months.

(2.) The case relates to the incident, which took place on May 20, 1982, at 7.45 a.m. near the old railway phatak near Miratgani. The prosecution case, in brief, was that on the date of the incident Rameshwar was returning from the P.W.D. office where he was serving. When he was near the railway phatak, the accused came from behind and askedT him why he was telling lies against him. There was altercation between them. When Rameshwar moved a short distance ahead, the accused struck from behind a knife in his stomach and then ran away. Rameshwar was taken to the hospital and was admitted there. A telephonic message was conveyed from the hospital to the police station Chittorgarh on which Shri Bhagwat Singh, A.S.I. reached the hospital and recorded the statement of Rameshwar, which has been treated as the first information report of the occurrence. This was lodged the same day at 9.30 a.m. A case under section 307, I.P.C. was registered against the accused and investigation started. The injuries of Rameshwar were examined by Dr. R.D. Bhatt, Medical Jurist, Referral Hospital, Chittorgarh, who noticed a penetrating wound I x x abdominal deep on his body. Lapotomy was done. Blood was found in the abdominal cavity. Intestinal wall was injured. As per the opinion of the doctor the injury was dangerous to life and was caused by a sharp edged weapon. Upon completion of investigation, the accused was challaned in the court of Chief Judicial Magistrate, Chittorgarh, who committed him to the Court of Sessions for trial. The accused was charged under section 307, I.P.C. The accused pleaded not guilty and claimed to be tried.

(3.) After trial, the learned Sessions Judge has convicted and sentenced the appellant as aforesaid for the offence under section 326, I.P.C. to four years R.I. and a fine of Rs. 250/-, in default of payment of fine to further R.I. for four months. The learned Sessions Judge by placing reliance on the testimony of Rameshwar, P.W. 2; Ram Prasad, P.W. 3; Jagdish Chandra, P.W. 4; Kailash Chandra, P.W. 5 and Dr. R.D. Bhatt, P.W. 6, has held that it was the accused who caused a grievous injury by a sharp edged weapon to Rameshwar. Aggrieved by the order of the learned AddI. Sessions Judge. Chittorgarh, the appellant has preferred the present appeal through Jail. As the accused was un-represented, Shri Virendra J. Phadke was appointed Amicus Curiae to argue the case for the accused.