GARG, J. - (1.) THIS appeal has been preferred by the accused appellant against the judgment and order dated 10. 10. 85 passed by learned Additional Sessions Judge, Raisinghnagar in Sessions Case No. 28/83 by which he while acquitting the accused appellant for offence under Sections 307 I. P. C. convicted the accused appellant for offence under Sections 333 and 332 I. P. C. and sentenced him as under : Offence Sentence awarded U/sec. 333 I. P. C. 3 years' R. I. and a fine of Rs. 100/- in default to further undergo 1 month's S. I. U/sec. 332 I. P. C. 1 & 1/2 years' R. I. Both the sentences were ordered to run concurrently. , +
(2.) THIS appeal arises in the following circumstances : (i) On 9. 2. 81, P. W. 1 Jagdish gave Parcha Bayan, Ex. P/1 to the Police stating that he was under employment of Forest Department and his duty was in the area of 16bld (B ). On 8. 2. 81, when he was on duty at about 6 p. m. , one Badri was grazing his cattle in the jungle and upon this he told Badri not to graze cattle in the jungle, then from the back side, he caused injuries to him by axe. PW. 1 Jagdish cried and after hearing his cries. Shankar Lal PW. 6 and Purna Ram Chamar also reached there and he was brought to the hospital on the next day, where he was got medically examined. On this parcha Bayan Ex. P/1, police chalked out regular FIR Ex. P/8 and started investigation. During investigation, P. W. 1 Jagdish was got medically examined by P. W. 5 Dr. Momanram Jangu and his injury report is Ex. P/4 which shows that he received one incised would and four other injuries and out of these injuries, injury No. 2 was grievous one by blunt object and for that x-ray was advised and the x-ray report is Ex. P/3. The injury report Ex. P/4 has been admitted by the learned counsel for the accused appellant appearing in the trial Court. After usual investigation challan was filed for offence under Sections 307, 333 and 332 I. P. C. against the accused appellant in the court of Magistrate from where it was committed to the court of additional Sessions Judge, Raisinghnagar. On 13. 8. 84, The learned Additional Sessions Judge framed charges offence under sections 307, 333 and 332 I. P. C. against the accused appellant who pleaded not guilty and claimed trial.
(3.) DURING trial, 8 witnesses were examined by the prosecution and thereafter statement of accused appellant under Section 313 Cr. P. C. was recorded and two witnesses were examined in defence. At the conclusion of the trial, the learned Additional Sessions Judge vide his judgment and order dated 10. 10. 85 acquitted the accused appellant for offence under Section 307 I. P. C. but convicted the accused appellant for offence under sections 332 and 333 I. P. C. and sentenced him as stated above inter alia holding. (i) That it was accused appellant who caused injuries and not one Badri whose name was found in the Parcha Bayan Ex. P/1. However, no case for offence under Section 307 I. P. C. is made out against the accused appellant, but the prosecution has proved its case for offence under Sections 333 and 33 I. P. C. against the accused beyond reasonable doubt. (ii) That the so called recovery of weapon from the accused appellant was not found to be proved by the learned trial Judge and thus, he convicted the accused appellant as stated above. Aggrieved from the said judgment, this appeal has been filed by the accused appellant. ;