JUDGEMENT
M.L. Jain, J. -
(1.) THIS appeal bas been preferred against the judgment of the learned Sessions Judge, Jhunjhunu dated 23 -10 -71 by which he convicted the accused appellants as follows:
1. Jai Narain - -(a) under Section 452 IPC. to rigorous imprisonment for two months:
(b) under Section 524 IPC, to pay a fine of Rs. 100/ - in default whereof to undergo rigorous imprisonment for two months.
(2.) PRABU Ram & Lekh Ram - -(a) under Section 452 IPC, to rigorous imprisonment for two months:
(b) under Section 324 read with 34 IPC, to a fine of Rs. 100/ -in default whereof rigorous imprisonment for two months.
(c) under Section 323 IPC, to fine of 50/ in default whereof to rigorous imprisonment for one month.
Sugan Chand - -under Section 324 read with 34; 323 and 452 IPC He was released on probation under Section 4 of the Probation of Offenders Act.
2. I have beard the arguments and seen the record. The brief facts are that on 5.5.68 at about 5 a. m the accused Jai Narain, Lekhram, Prabhu Ram and Sugan Chand entered the Nohra of Jagnaram and belabored Jagna Ram. Jai Narain gave a Farsi blow on the bead of Jagna Ram and the remaining accused beat him with lathis. The occurrence was seen by Megh Singh Ram Niwas and Suhala sons of Jagna Ram and Madhi wife of Jagna Ram and Kaloo Ram Abir and Sugna Ram. The accused while fleeing the scene of occurrence also delivered lathi blows to Mst. Madhi and Suhala.
3. The medical report of Dr. Nawab Ali disclosed that Jagna Ram received an incised wound 4" x 1/2" x 2" on the right temporal region and 7 bruises covering the right thigh, right buttock, right leg, left thigh, left buttock left side of chest, and left scapular region and one abrasion on the right scapular region. Mst. Madhi got a lacerated wound on the buttock, one bruise on her left thigh and another on her right thigh. Ram Niwas had a lacerated wound on the forehead 1" x 0.3" x 0. 2".
(3.) THE case of the prosecution was proved by the evidence of Megh Singh PW 1, Ramnivas PW 2, Sohala PW 3, Sugna Ram PW 4. Madhi PW 6 and Jagna Ram PW 7. All of them corroborated the prosecution case.;
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