GANPAT LAL Vs. STATE

JUDGEMENT

(1.) The appellant was tried by the learned Addl. Sessions Judge, No. 1, Udaipur in Sessions Case No. 39/87 and was convicted under sections 307, 325 and 447, Penal Code and thereafter sentenced to undergo R.I. for a period of three years and to pay a fine of Rs. 500.00 under section 307 IPC; to undergo R.I. for a period of two years and to pay a fine of Rs. 200.00 under section 325 Penal Code and to undergo RI for a period of three months, under section 447 IPC. The prosecution story in short was as under:-

(2.) On 12-3-1987 at about 2 P.M. while Jaloo was working in his field, the appellant came with a lathi and started assaulted him with the result that Jaloo received injuries on his head, shoulder, left arm and left knee. Jaloo fell down and was removed to the hospital where his wounds were stitched. On taking x-ray examination, it was found that the injuries on the head, fore arm and knee had caused fractures. After completing the investigation, the police filed the challan against the appellant in the court of the learned Judicial Magistrate, who committed the appellant to the court of Sessions, where he was tried, convicted and sentenced as noted above. Feeling aggrieved the appellant who is confined in jail has filed this Appeal through Superintendent of Jail, Udaipur. At the asking of the Court, Shri O.P. Singhania agreed to act as Amicus Curiae and as such has was so appointed by this Court.

(3.) I have heard Shri O. P. Singhania, learned counsel for the appellant, Shri S.K. Mathur, learned P.P. for the State and have also perused the record of the case.