NAIN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal, Nain Singh has called in question the judgment dated 31-10-81 passed by the learned Sessions Judge, Balotra, whereby he was convicted under Sec. 326, IPC and sentenced to undergo rigorous imprisonment for two years and pay a fine of Rs. 500, in default two months' S. I.

(2.) The case relates to an occurrence which took place on 13-1-81. In his statement recorded by the police on 13-1-81 at 6. p.m., Bhanwar Singh, injured, stated that at about 4.30 p.m. as he went out of his house, Nain Singh having sword in his hand and Hari Singh having 'Bevla' attacked him and an injury was caused by sword on his head. On this report, a case under Secs. 324 and 323/34, IPC was registered. After the completion of the investigation, the police submitted a challan under Secs. 307, 326, 324 and 323/34, IPC.

(3.) Charges under Secs. 307, 326, 324 and 323/34, IPC were read over to Nain Singh. Hari Singh was charged with the offences under Secs. 307/34, 326/34, 324/34 and 323, IPC. They pleaded not guilty. The prosecution examined PW 1 Bhanwar Singh, PW 2 Shaitan Singh, PW 3 Babulal, PW 4 Sawa, PW 5 Mangilal, PW 6 Bhanwara, PW 7 Hari Singh, PW 8 Dr. S. M. Mehta, PW 9 Bhom Singh, PW 10 Prem Singh, PW 11 Dr. Gopi Krishan Vyas, PW 12 Kehra Ram and PW 13 Kishna Ram. Accused in their statements denied accusation. They examined DW 1 Balwant Singh, DW 2 Padam Singh and DW 3 Narayan Singh. After hearing counsel for the parties, the learned Sessions Judge has held that it was not established that the two accused had committed offence in furtherance of their common intention. He further held that only charge under Sec. 323, IPC was proved against Hari Singh. He, convicted him under Sec. 323, IPC but instead of sentencing him, ordered him release on probation. The learned Sessions Judge held that charge under Sec. 326, IPC was proved against accused Nain Singh. He, therefore, convicted and sentenced him as stated above.