GOMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal directed against the judgment dated 30 -6 -1980 passed by the Additional Sessions Judge, Ajmer in Sections case No. 2/1980 (new) whereby the accused -appellant, Goma, has been found guilty for the offence under Section 307, IPC, and he has been sentenced to undergo three year's rigorous imprisonment and to pay a fine of Rs. 500/ - (in default, to further undergo 2 month's RI).

(2.) BRIEF facts giving rise to this appeal are that, Ratan Singh (PW 5) lodged a report on September 4, 1979 at Police Station Adarshnagar (Ajmer) alleging therein that his younger brother, Jeet Singh (PW 4) was drawing water from a well, at the time the accused, Goma gave an axe blow on his shoulder (Jeet Singh's) and the accused, Bhoma and Mst. Lali (both have been acquitted) also inflicted injuries on the person of Jeet Singh on his right hand and head. Upon this, a case for the offence under Section 307/34, IPC was registered against the appellant Goma, and other accused, Mst. Lali and Bhoma. After usual investigation, the accused, named above, were tried by the Additional Sessions Judge, Ajmer who after completion of trial vide his judgment referred to above, acquitted Mst. Lali and Bhoma but, convicted and sentenced the accused -appellant, as stated in the first para of this judgment.

(3.) THE first and foremost contention on behalf of the accused -appellant, is that in a cross case registered against the present complainant party for the commission of the offence under Section 302, IPC, the persons of the complainant party have been convicted by the learned Additional Sessions Judge; that, in the alleged occurrence, one of the person, Bhairu from the accused side lost his life after sustaining the injuries at the instance of the complainant party and more so, the accused -appellant. Goma also sustained the injuries and that, in this view of the matter, according to the learned Counsel for the accused -appellant the learned trial Judge failed to consider the defence theory and did not give any finding as to whether the complainant party was justified in inflicting the injuries on the persons of the accused -party and thereby causing death of Bhairu, one of the persons from the accused side.