M.L.Shrimal, J. - (1.) This appeal is directed against the judgment dated March 21, 1975 of the learned Addl. Sessions Judge, Jhalawar, whereby he convicted the appellant Patashiya under section 307 I.P.C. and sentenced him to undergo rigorous imprisonment for four years and a fine of Rs. 200/- and in default of payment of fine to further undergo rigorous imprisonment for three months.
(2.) Tersely speaking the prosecution case as disclosed at the trial, is that on 6th December, 1974 the appellant was grazing his she-goats near the field of Shivlal. Some of the she-goats strayed into the field of Shivlal who drove them out and reprimanded the accused. The accused got infuriated and inflicted farsi blows on the head and other parts of the body of Shivlal, as a result of which he sustained six injuries, out of which two were found to be grievous. The first information report of this occurrence was lodged at the police station Rajpur on. the same day at about. 1.30 p. m. The police after usual investigation, submitted a challan against the accused under section 307 I.P.C. and he was ultimately tried by the learned Addl. Sessions Judge, Jhalawar. The accused pleaded not guilty to the charge. The prosecution examined 3 witnesses in support of their case. The accused denied his complicity in the crime but he did not examine any witness in defence. The learned Addl. Sessions Judge placing reliance on the statements of P.W. 1 Shivlal injured corroborated by the statements of two eye-witnesses P.W. 3 Gopi and P.W. 6 Bhuwana and medical evidence of P.W. 2 Dr. Mohan Chand, convicted and sentenced the accused as mentioned above.
(3.) Looking to the nature of the injuries and the statements of P.W. 2 Dr. Mohan Chandra and P.W. 3 Dr. Gopal Dutt Sharma as well as x-ray reports Ex. P.3 and Ex.P 4 showing the fracture of right occipital parietal bone of skull of Shivlal, it cannot be contended that whosoever inflicted the injuries on the person of Shivlal intended to cause the death of Shivlal.;