VIKRAM KUMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal directed against the judgment dated 08.12.1981 passed by the Addl. Sessions Judge No. 2, Jodhpur convicting the appellant for oflence under Sec. 307 I.P.C. sentencing him to 2 years rigorous imprisonment and to pay fine of Rs. 200/-, in default of payment, to further undergo one month's simple imprisonment. Further convicted under Sec. 324 I.P.C. and sentenced to six months R.I. and to pay a fine of Rs. 100/- and in default of payment, to further undergo 15 days S.I.

(2.) The prosecution case in brief is that on 20.08.1981 one Smt. Sheela lodged a F.I.R. Ex. P/2 at Police Station, Shastri Nagar, Jodhpur, stating inter alia that her husband is serving in Airforce and they are residing in quarter No. 3. In front of there quarter, there is quarter No. 2 occupied by Videshi Ram. At about 2 P.M. while her daughter Manju was drying sari, a drop of water tell on the wile ol Videshi Ram, on which she started abusing and weni inside the quarter. After some time her son Vikram with his friend Rajendra came out and started abusing them. Her son also came out of the quarter and asked them as why they were abusing. On this Vikram went inside the house and came out with a sword and attacked his son, causing injuries on various part of the body including head. Rajendra also caused injuries when Mst. Manju intevened. On this information Police registered a case for offence under Secs. 307, 324, 504 & 34 I.P.C. After usual investigation Police filed challan against the appellant and Rajendra Kumar for the said offences.

(3.) During the trial prosecution examined 13 witnesses and produced certain documents. On analysing the evidence, learned Judge found the appellant guilty of offence under Sec. 307 and 324 I.P.C. Learned Judge however acquitted the accused Rajendra Kumar. Assailing the judgment Mr. J.R. Choudhary, learned counsel appearing for the appellant contended that none of the injuries either to Raja Babu PW/13 or Sheela PW/10 or Miss Manju PW/11 are grievous in nature. It is also submitted that the witnesses have exaggerated the incident. The fact of causing injuries has not been proved during the trial.