DHAYALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants Dhayala and Suitan have been convicted under Section 326 read with Section 34 IPC and have been sentenced to three years rigorous imprisonment and to a fine of Rs. 200/ -, in default of payment of fine to undergo two months rigorous imprisonment by the learned Sessions Judge, Jhurjhunu by his judgment dated i8 -9 -74.

(2.) THE prosecution case in brief is that the injured Matu and Dhayala accused are brothers. They have got a field comprised of Khasra No. 83 situated in village Bas Tokha. In Jamabandi of Samvat 2026to 29, the same was recorded in the name of Maturam having two third share and Dhayala accused having one third share. The prosecution case is that on 11 -7 -71 in the morning Maturam arid his son Bajrarjga went alone with their cattle and camel to that part of the field, which was lying vacant. In the nearby lend of the field, their Bajra crop was standing. It is said that Dhayala and Sultan accused appellants and four other accused persons, namely, Roopchand, Mst Sarasvati Mst Parmeshwari and Mst. Banarsi were already present at the spot, The male accused persons were armed with farshis and the female accused persons were aimed with Kasiyas. When the cattle entered into the fallow lard, the accused persons asked Maturam and his son to remove the cattle and simultaneously, they opened the attack on them. Maturam and Bajranga were followed by Om Prakesh, the son of Maturam and Mst. Chandli the wife of Maturam. These two persons are also said to have witnessed the occurrence. Matu received as many as nine injuries. Injury no 2 was is grievous one inflicted by blunt object and except injury no 7 the rest of the other injuries were caused by sharp edged weapon. Bajranga received two injuries Injury No. 1 was an incised would on the skull, which resulted into fracture of she skull bone. The other injury was swelling and tenderness on the left elbow After inflicting blows, the accused persons went away to their field The injured persons were removed to the hospital and Mst. Chandli visited the police station, Surajgarh and lodged the report at 3 30 p.m. on that every day. On this report, case under Section 307/149 IPC was registered. The injured persons were got medically examined After usual investigation, charge sheet was presented against all the six accused persons. After inquiry the accused persons were committed for trial to the court of Sessions Judge Jhunjhunu.

(3.) THE prosecution examined as many as ten witnesses. The statements of the accused persons were recorded, in which they denied the prosecution case and in defence, they examined three witnesses After hearing the parties, the learned Sessions Judge acquitted the four accused persons, namely. Roopchand, Mst. Sarswati Mst. Banarsi and Mst. Parmeshwari of the offences, with which they were charges. The accused persons Dhyala and Sultan were also acquitted of ail other offences and they were only convicted for the offence under Section 326 read with Section 34 IPC and were sentenced as aforesaid Dissatisfied with their convictions and sentences, these two accused persons have preferred this appeal.