N.L. Tibrewal, J. - (1.) This appeal is directed against the judgment and order dated, April 18, 1996 passed by the learned Additional Sessions Judge, Jhalawar (Camp Aklera) in Sessions Case No. 6/95, convicting and sentencing the appellants as under: JUDGEMENT_99_LAWS(RAJ)8_19961.html The substantive sentences were ordered to run concurrently. On recovery of the amount of fine, 75% of the same was ordered to be paid to the injured Onkar Lal by way of compensation.
(2.) Briefly stated, the prosecution case was that Crime No. 59/94 was registered at the Police Station, Bhalta- district Jhalawar on the oral statement of the injured Onkar Lal who was taken there on a cot. This statement was recorded at 7.30 p.m. on the very day of the incident which was alleged to have taken place at 4 p.m.. in the field near village Rojya. According to the prosecution, the appellants came there with 'Gadasis' and assaulted the informant Onkar Lal causing several injuries on his person. The injuries were examined by PW 6. Dr Ramesh Chand Dube, Medical Jurist, S.R.G. Hospital, Jhalawar, at 1 a m in the night and he found the following injuries vide injury report Ex.P 4 : 1. Transverse Incised wound 5 X 2 X bone deep over left elbow joint Triceps muscles cut, Radial nerve cut. Oleranion bone & neck of Radius cut. 2. Transverse Incised wound 3 X .5' X bone deep over upper 1 /3rcJ of left leg (Post, aspect). 3. Transverse Incised wound 2.5' X 7" X bone deep., over kuddle ⅓ of left leg (lateral aspect). 4. Lacerated wound 2.5" X .5" X bone deep over lower 1 /3rd of left leg (frontal aspect). 5. Lacerated wound 3" X 1/2 X bone deep over upper ⅓rd of Rt. Leg (Medical aspect). 6. Oblique Incised wound .7" X .2" X bone deep over lower 1 /3rd of Rt leg. 7. Oblique lacerated wound 21/2" X 1/4" X 1/4" over left temporal bone of Head. 8. Tenderness - Over left fore arm. Injury No. 1 was opined to be grievous as it was a complete cut of radius neck with muscles cut and radial nerve cut. On X-ray examination, injuries No. 4, 5 and 8 were also found to be grievous as there were fractures of fibula and tibia, humorous and radius ulna bones.
(3.) After completion of usual investigation, a charge-sheet came to be filed against the appellants in the Court of Civil Judge (Lower Division) cum-Judicial Magistrate, Aklera on 26.9.94 Under sections 307, 326, 325, 324, 323/34 IPC. The offence Under section 307 IPC being exclusively triable by the Court of Sessions, it was committed to the Court of Sessions Judge, Jhalawar from where it was made over to the Court of Additional Sessions Judge, Jhalawar.;