JUSBENDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 5.8.1981 passed by the learned Additional Sessions Judge, Nohar, convicting the appellant of the offence under Sec. 326 I.RC. and sentencing him to three years' rigorous imprisonment and to pay a fine of Rs. 500.00 and in default, to further undergo six months' R.l.

(2.) The prosecution case is that on 8.11.1980 at about 8 PM, RW. 1 Kamal Kishore lodged an F.I.R. at Police Station, Nohar, stating that at about 7.30 PM, his neighbour accused Jasbendra Singh slapped Vinod Kumar son of Heeralal. RW. 2 Heeralal v/ent to the house of accused Jasbendra Singh with a view to reprimand him. An oral altercation took place between them. The informant Kamal Kishore went to the house of accused with a view to intervene. However, accused Jasbendra Singh brought a 'Kulhari' from the house and inflicted an injury on the left hand of Heeralal on account of which he fell down. The accused thereafter gave a kulhari blow on his head. PW. 5 Amarchand and other persons arrived on the spot. On their intervention, he could be saved. On this information, police registered a case for the offence under Sec. 307 I.P.C. and proceeded with investigation. After usual investigation, police filed a charge-sheet against the accused for the offence under Sec. 307 I.RC. The accused appellant denied the charge and claimed trial. The prosecution in support of its case examined seven witnesses and produced number of witnesses. The learned Trial Court held the appellant guilty for causing grievous hurt by sharp edged weapon and, as such, convicted him for the offence under Sec. 326 I.RC. and sentenced him as stated above.

(3.) Assailing the judgment of conviction, it is contended by learned counsel for the petitioner that the entire case is fabricated, which is evident from the fact that RW. 1 Kamal Kishore has admitted in the cross elimination that he had signed on the blank papers. Learned counsel has also pointed out some contradictions in the statements.