Sandeep Mehta, J. - (1.) THE instant revision has been preferred by the petitioner complainant (victim) against the judgment dt. 4.12.2009 passed by the learned Sessions Judge, Dungarpur in Appeal No. 40/2005, whereby the learned appellate Court partly allowed the appeal filed by the respondent No. 2 against the judgment dt. 5.10.2005 passed by the learned Chief Judicial Magistrate, Dungarpur in Cr. Case No. 23/1999. The learned Chief Judicial Magistrate, Dungarpur convicted and sentenced the respondent No. 2 Ramesh as below: U/s. 326 IPC - 5 Year's R.I. and to pay a fine of Rs. 500/- and in default to further undergo six months' additional imprisonment. U/s. 324 IPC - 3 Years' R.I. and to pay a fine of Rs. 200/- and in default of payment of fine to further undergo 3 months' additional imprisonment. U/s. 323 IPC - 6 Months' R.I. and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo one month's additional imprisonment. All the sentences were ordered to run concurrently. The appellate Court reduced the sentences awarded to the respondent No. 2 as below: U/s. 326 IPC - 3 1/4 Months' R.I. and to pay a fine of Rs. 7000/- and in default to further undergo three months' additional imprisonment. U/s. 324 IPC - To pay a fine of Rs. 2000/- and in default of payment of fine to further undergo one month's additional imprisonment. U/s. 323 IPC - To pay a fine of Rs. 1000/- and in default of payment of fine to further undergo Fifteen days' additional imprisonment.
(2.) SUCCINCTLY stated the facts of the case are that the petitioner having been assaulted by the respondent No. 2, was admitted at the govt. hospital Sagwara on 23.7.1998, where his Parcha Bayan was recorded on the basis whereof, the FIR was registered. As per the allegations levelled in the FIR, on 14.7.1998 the petitioner had collected some firewood in his courtyard. In the night, respondent No. 2 Ramesh stole the said firewood. When the petitioner woke up in the morning of 15.7.1998 he searched for the firewood which he found lying in courtyard of respondent No. 2 Ramesh. The petitioner brought back the firewood and placed it in his courtyard. Thereafter, he went for doing his labour job at Ranakpur. Ramesh met him on the way and accompanied him upto Pindwara. The petitioner further alleged that he received the information about the death of his son on 22.7.1998 on which, he came back to his home in the morning of 22.7.1998. At about 9 O'clock in the night, he went to market for purchasing Bins. Ramesh followed the petitioner and took him to his house. When the complainant was sitting outside the house of Ramesh, at that time, Ramesh brought a sword from his house with an intention to kill the petitioner. The petitioner on seeing the sword, stood up. Ramesh aimed a blow on the head of the petitioner, on which the petitioner raised his left hand. As a result of the sword blow, the petitioner's left hand was chopped off and totally severed from his wrist. Another blow was aimed on the petitioner, which he stopped with his right hand, on account of which, his right palm was cut. Thereafter also, Ramesh continued raining sword blows on the petitioner. The petitioner raised alarm, on which his mother Mana, Lala and Tulsi etc. came there and on seeing them, Ramesh ran away. The petitioner was taken to the hospital on a cot. He further alleged that amputated portion of his left hand was lying at the place of the occurrence. On the basis of this report, FIR No. 201/98 was registered for the offence under Sec. 307 IPC. The dismembered portion of the petitioner's hand was recovered from the place of occurrence. Upon the medical examination being conducted, the petitioner was found having 8 injuries on his person out of which, 4 were incised wounds. The left forehand was found totally amputated from the arm. Number of injuries were found on the shoulder, neck, mandible region of the petitioner. The injury No. 5 being an incised wound was also found existing on the right palmar region of the petitioner.
(3.) THE Police after investigation filed a charge -sheet against Ramesh for the offence under Sec. 307 IPC. The case was committed to the Court of the Sessions Judge, Dungarpur from where, the same was toned down and whilst discharging the respondent from the offence under Sec. 307 of the IPC, he was directed to be tried for the offences under Sees. 324, 326 and 323 IPC. The learned Chief Judicial Magistrate, Dungarpur convicted and sentenced the respondent No. 2 as above.;