M.L.JAIN, J. - (1.) THIS is an appeal against the judgment of the learned Sessions Judge. Pali dated May 25, 1971, by which he convicted and sentenced the appellants as fallows: 1. Ghisia - Under Section 325, IPC to rigorous imprisonment for three years and to pay a fine of Rs. 51/ - in default of payment whereof to addit. ional rigorous imprisonment for two months, Under Section 24 of the Cattle Trespass Act to a fine of Rs. 30/ -, in default whereof to additional simple imprisonment for one month. 2. Adiya - Under Section 326, IPC to rigorous imprisonment for three years and to pay a fine of Rs. 51/ and in default whereof to additional rigorous imprisonment for two months, and Under Section 24 of the Cattle Trespass Act, to a fine of Rs. 30/ - in default whereof to additional simple imprisonment for one month.
(2.) I have heard arguments and perused the record. The prosecution case is that Narayan PW 4 went out at 8 00 a.m. on 6 -8 -70 to take a round of his field which is situated near the village Nayasar. He found that accused Bhundia, a boy of ten years, was grazing about ten fifteen cows in his field in the 'Bajri' crop. He drove the animals out of the field and began to carry them to the village cattle pound' Bhundia went running into the village and brought with him Ghisiya and Adiya. Adiya came armed with an axe while Gnosis and Bhundia had stocks in their hands. Both of them objected to Narayan's taking the cows to the cattle -pound When Narayan told them that be would certainly take them to the cattle -pound because the cows had damaged his crop, it was then that the accused are said to have attacked Narayan and inflicted 17 injuries on various parts of the body, out of which one was an abrasion, twelve were bruises and three were contused wounds. There also was an incised wound with a compound fracture on the left leg in he lower part of the fibula. The medical officer Dr. Jethmal PW 9 who had examined Narayan had also found that there where fractures of the right mandible, of the right radius, right ulna and left ulna. A report of this occurrence was lodged in the police station Shivpura Dist. Pali on 8 -8 -70, vide Ex PW 2 The police, after investigation, challaned the case to the court of the Munsif -Magistrate, Sojat, who committed the accused for trial under Section 307, I.P.C. to the court of Sessions where Bhundia accused was acquitted and the remaining two were convicted and sentenced as aforesaid. The accused were not defended by a lawyer.
(3.) IT was not contended by the learned Counsel for the appellants that the appellant Ghisia was wrongly convicted What the learned Counsel submitted was that Ghisia had already suffered imprisonment both before and after the trial, for one year 7 months and 21 days in all. He is a young man and has learnt a suffcient lesson and may be let off on the sentence already undergone.;