RAMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE conviction of the accused -petitioner Under Section 326 IPC as well as sentence of six months simple imprisonment add a fine of Rs. 200/ -or in default of fine further simple imprisonment for two months, as awarded by the learned Judicial Magistrate under his judgment dated March 28, 1980, has been upheld by The learned Addl. Sessions Judge, Dausa Camp Jaipur, under his judgment dated August 21, 1985. Aggrieved against the aforesaid order the accused petitioner has preferred this revision petition.

(2.) THE accused -petitioner has been held to have voluntarily cut ear -labune of Moola, complainant in this case. The occurrence is said to have taken place on July 7, 1977 in the evening at 4 p m. So far as the question whether the accused is the author of the injury, i.e. cutting the ear -labune is concerned, I find no merit in the contention of the learned Counsel for the petitioner. Both the courts below have come to the conclusion that it was the accused who was responsible for having cut the ear -labune of the complainant with his teeth. It has come in the statement of Dr. Ramesh Chandra PW 2 that when the injured Moola was brought to him and he noted that his ear -labune was cut. A piece of ear -labune was also brought to him and it matched with the ear of Moola. He also stated that injury of this kind will lend to the complainant's disfiguration of the face. It is contended by the learned Counsel for the petitioner that the doctor has stated that the injured did not come to him again and he could not see whether there was permanent disfiguration or not. But a perusal of the statement of the doctor will show that he has stated that the injury of this nature is permanent disfiguration.

(3.) CONSEQUENTLY , I partly allow this revision petition. While maintaining the conviction of the accused -petitioner Under Section 326 IPC, I sentence him to the imprisonment for a period already undergone and a fine of Rs. 200/ - or in default of fine to further suffer 15 days simple imprisonment. Two months time is allowed to the petitioner to deposit the fine, if it has not already been deposited. If the fine is not deposited as ordered above, the trial court will see that the accused petitioner is apprehended and he serves out the sentence awarded by this court in lieu of payment of fine.