TIMIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals from jail are directed against the judgement of the learned Addl. Sessions Judge, Udaipur, dated 31.5.84. As they arise of the same judgment, they are being disposed of a single order. The learned Amicus Curiae has not challenged the convictions of the appellants but has only prayed for reduction of the sentences and, therefore, the facts of the case need not be stated at length.

(2.) The prosecution case briefly stated is that on 24.7.83, the present two appellants and one Prakash had some quarrel with Daula PW. 11. They wanted Daula to serve them liquor but Daula refused and on this, the accused started beating him. It is alleged that accused Timia gave a kuife blow on his neck and the other two accused also gave lathi blows. Tima further gave him blows with knife in his hand back. When Daulas brother Kakua PW. 12 came to his rescue, Timia gave a knife blow on his abdomen. The report of this incident was then lodged to the police. The injured were medically examined and after investigations the accused were challenged. They were committed to the Court of Sessions. The matter was tried by the learned Addl. Sessions Judge and he after trial, convicted Timia u/s 307 IPC. for causing injuries to Daula and Kakua. For the injuries caused to Kakua, he sentenced him to five years R. I. and fine of Rs. 2,000.00 and causing the injuries to Daula, he sentenced him two years R.I. and a fine of Rs. 1.000.00. He convicted the other two accused Prakash and Ralia u/s 307 read with 34 IPC. and sentenced them to seven month's R. I. and a fine of Rs. 500.00each. He also directed that on the recovery of the fines, Rs. 1250.00& 750.00shall be paid to each injured Kakua and Daula respectively.

(3.) I have gone through the record and have also heard the learned Amicus Curiae and the learned P. P.