JUDGEMENT
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(1.)The centripodal question that arises for consideration in this appeal, by special leave, preferred by the injured, is whether the learned single Judge of the High Court of Judicature for Rajasthan, Bench at Jaipur, while converting the conviction of the respondent- accused from one under Section 307 IPC to one under Section 308 IPC and sustaining the conviction under Sections 148, 147, 326 and 323 IPC read with Section 149 IPC is justified in restricting the period of sentence to seven days which the respondent had already undergone and to impose a fine of Rs.50,000/-, in default of payment of fine, to suffer additional rigorous imprisonment of two years.
(2.)The factual score, as has been undraped, is that on 19.7.1982 about 3.30 p.m. when Sumer Singh, PW-4, Janak Singh, PW-5, and his younger brother Jai Singh, PW-7, having availed a tractor of another person, were carrying out certain agricultural operation in their field, accused persons, namely, Surajbhan Singh, Bhanwar Singh, Vikram Singh, Surendra Singh and Prithvi Raj alias Pappu, being armed with weapons, arrived at the field. Accused Surajbhan Singh was carrying a sword and other accused persons were having lathis. On coming to the field, the accused persons stopped the tractor and Sumer Singh, PW-4, and Mool Singh, PW-6, came to defend the driver of the tractor. At that juncture, accused Vikram Singh gave a lathi blow on Mool Singh, PW-6, and Surajbhan inflicted a sword injury on the left elbow of Mool Singh, PW-6. Thereafter, when he attacked Sumer Singh on the head with the sword, he put his hand in defence, as a consequence of which the sword hit the wrist of the left hand due to which the hand got chopped off from the wrist and Sumer Singh lost his consciousness and collapsed. As the narration would further show, the accused persons assaulted others and left the place. Jai Singh, PW-7, and the driver of the tractor took the injured persons to Rajgarh Hospital where they were admitted and the First Information Report was lodged by Janak Singh, PW-5, and on the base of the F.I.R. crime was registered for offences under Sections 147, 148, 149, 307, 323, 326 and 447 IPC.
(3.)After the criminal law was set in motion, the investigation commenced and, eventually, the charge-sheet was placed before the learned Magistrate, who committed the matter to the Court of Session. The accused persons refuted the allegations and stated that they had been falsely implicated due to land disputes. Because of such a plea, matter was tried by the learned Additional District and Sessions Judge No. 2, Alwar. During the trial the prosecution examined 24 witnesses and brought on record 37 documents which are marked as exhibits. The defence, in support of its plea, examined two witnesses and got certain documents exhibited.