- (1.) This appeal has been preferred against the judgment, dated 15-12-94 passed by the learned Sessions Judge, Dungarpur, whereby he acquitted the appellant for the offence under Section 307, I.P.C. but convicted him under Section 324 I.P.C. and by giving the benefit of probation of good conduct released him under Section 4(1) of the Probation of Offenders Act, 1958 (in short the Act) and also imposed an amount of Rs. 2000.00 as com pensation under Section 5(1)(a) of the Act to be paid to injured P.W. 8 Sukh Lal within 15 days, in default to undergo, R.I. for two years.
(2.) Briefly the relevant facts are that on 15-4-92 at about 11 a.m., P.W. 8 Sukh Lal along with his wife P.W. 7 Smt. Leela was coming from Biliya Bus Stand and was going to his in-laws' house, that in the way appellant Laxman voluntarily inflicted a stab wound by a knife in his abdomen causing injuries. Sukh Lal became unconscious and was taken to the hospital. P.W. 1 Dr. Vinay Kumar, P.H.C., Sagwara found following injuries on his person :- 1. Stab wound 1 cm. x .5 cm. x peritonium deep obliquely right to left side 1 cm. above umblicus; 2. Abrasion 2 cm. x .5 cm. back of right index finger. He was operated for the stab wound on abdomen and there was no complication. The doctor, therefore, opined that the stab wound sustained by Sukh Lal was simple in nature. After usual investigation the police submitted the challan for the offence under Section 307, I.P.C. in the Court of learned Munsif and Judicial Magistrate, Sagwara, in turn he committed the case to the learned Sessions Judge.
(3.) The appellant was charged for the offence under Section 307, I.P.C. to which he pleaded not guilty. The prosecution examined as many as eight witnesses. The appellant in his plea recorded under Section 313, Cr. P.C. denied the circumstances appearing against him in the prosecution evidence, but did not adduce any evidence in his defence. After trial the learned Sessions Judge by his impugned judgment acquitted the appellant for the offence under Section 307, I.P.C. but convicted him under Section 324, I.P.C. and while releasing him on probation also directed him to pay compensation of Rs. 2000.00 to the injured. Hence this appeal.;