STATE OF RAJASTHAN Vs. ARJUN SINGH

JUDGEMENT

(1.) Heard the learned Public Prosecutor, the learned counsel for the complainant and the learned counsel for the accused Arjun Singh.

(2.) This petition under Section 482 of the Criminal Procedure Code is directed against the order dated 2-11-1993 passed by the District and Sessions Judge, Pali in Sessions Case No. 36/1993, State V Arjun Singh, whereby the accused Arjun was discharge of the offence under Section 307 of the Indian Penal Code and the case was made over to the Chief Judicial Magistrate, Pali for trial on charges under Ss. 326, 324, 323, 447, 435 and 509 of the Indian Penal Code.

(3.) On 26-7-1993 Smt. Naju Devi was admitted at the Govt. hospital Marwa Junction in an injured condition. On that she gave statement to A.S.I. Birad Singh who was posted at Police Station Marwar Junction. According to statement of Smt. Naju, her field is adjoining the field of Arjun Singh. On 26-7-1993, in the morning she went to her field with daughter; daughter-in- law and sister-in-law. Two labourers were also hired for the purpose of constructing a fencing around the field. At about 10.00 A.M. Arjun Singh, armed with a naked sword, went there and asked the labourers why they were constructing the fencing. They told Arjun Singh that they acting under the directions of Kesa Ram who was the owner of the field. Arjun Singh called Smt. Naju, who was working in the field. When she was asked why the fencing was being constructed, she told that the same was for the protection of the crop. Arjun Singh then started showering abuses. Smt. Naju then sent her daughter to the village and asked her to bring her father. She herself started going towards the fencing. At that time Arjun Singh attacked Smt. Naju and by holding the sword with both hands he inflicted a sword injury when landed on the right arm of Smt. Naju. As a result the right arm was cut in the middle and blood started coming out of the wound and Smt. Naju fell on the ground. Arjun Singh inflicted another injury with sword. The second injury was caused on the shoulder. It was stated by Smt. Naju that the second injury would have landed on her neck, had she not tried to save herself. The accused did not stop at that stage. He brought an axe and started inflicting injuries. When the daughter-in-law of Smt. Naju came to the scene of occurrence to save Smt. Naju she was also assaulted and 4-5 injuries were inflicted on her body also. It was also stated by Smt. Naju that Arjun Singh set fire to the fencing and destroyed it.