BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant stands convicted and sentenced by the judgment dated November 20, 1987, of the Additional Sessions Judge No. 2, Hanumangarh (Camp at Suratgarh) for the offence under section 307, I.P.C. to four years, R.I. and a fine of Rs. 500/ -, in default of payment of fine to further R.I. for 3 months and under section 323, I.P.C. to 3 months, R.I. Both the sentences have bee a directed to run concurrently.

(2.) THE case relates to an incident which took place on November 10, 1985 at 1 p.m. in the fields of village 4 -FDM Sardargarh resulting in injuries to Gurudayal Singh and Buta Singh. The prosecution case, in brief, was that the cattle of the accused had entered into the field of Gurudayal Singh, who was taking them to the cattle home. On this the accused Banwarilal came rushing from his house and by taking hold of a Lath; from Pratap Singh struck the same on Gurudayal Singh. When Buta Singh intervened he, too, was beaten. The injured were removed to the Hospital, where their injuries were examined by Dr. Sahi Ram (P.W. 1). The Doctor found the following injuries on the body of Gurudayal Singh:

(3.) AFTER trial, the learned Additional Sessions Judge No. 2, Hanumangarh (Camp of Suratgarh), by the judgment dated November 20, 1987 acquitted the accused for the offence under section 447, I.P.C. but convicted him for the offences under section 307, I.P.C. to four years, R.I. and to a fine at Rs. 500/ - in default of payment of fine to October R.I. for 3 months and under section 323, I.P.C. to 3 months, R.I. Both the sentences have been directed to run concurrently. Aggrieved of the aforesaid order of convictions and sentences, the accused has filed the present appeal in this Court.