SOBHAG MAL JAIN, J. - (1.) THIS appeal is directed against the judgment dated 25th May, 1981, of the Sessions Judge, Balotra, convicting and sentencing the accused for the offence under Section 326 IPC to one year's rigorous imprisonment and a fine of Rs. 100/ -, in default of paymant of fine to two months simple imprisonment and under Section 456 IPC, six months' rigorous imprisonment and a fine of Rs. 100/ -, in default of payment of fine to one month's simple imprisonment. Both the sentences have been ordered to run concurrently. The accused has already served out the sentence. He was arrested on December 24, 1980 and remained in custody during the trial and even after conviction.
(2.) THE case relates to the incident, which took place on the night intervening 22nd and 23rd December, 1980 at the house of Smt. Chunni. The prosecution story, in brief, was that Smt. Chunni was sleeping in a Jhumpa when the accused came there with an axe in his hand. The shutters were closed from inside but the accused broke open the shutters and entered the Jhumpa. Smt. Chunni ran outside the Jhumpa but the accused chased her and caused a number of injuries on her body by the axe. The injuries of Smt. Chunni were examined by Dr. Gopikishan Vyas, the next day. He found five injuries on her body. All the injuries were caused by a sharp edged weapon. One injury was grievous, while the rest were simple. The doctor opined that the injuries could have been caused by an axe. The First Information Report of the occurrence was lodged at Police Station, Barmer on December 23,1980, at about 10.00 a.m., on which a case under Sections 458 and 307 was registered against the accused and investigation started.
(3.) AFTER investigation, the Police filed a charge -sheet against the accused in the Court of Judicial Magistrate, Barmer, who committed him for trial to the Court of Sessions Judge, Balotra for the offence under Sections 307, 459, 326 and 324 IPC. The Sessions Judge tried the accused for the offences under Sections 307, 458, and 326 IPC. The accused pleaded not guilty and claimed to be tried. The prosecution examined as many as 9 witnesses. The accused in his statement under Section 313 Cr. PC denied the prosecution allegations and stated that he has been falsely implicated.;