SOBHAGMAL JAIN J. - (1.) THE appellant stands convicted and sentenced by the judgment dated November 20, 1987, of the Additional Sessions Judge No. 2, Hanumangarh (Camp at Suratgarh) for the offence under section 307, I.P.C. to four years, R.I. and a fine of Rs. 500/ -, in default of payment of fine to further R.I. for 3 months and under section 323, I.P.C. to 3 months, R.I. Both the sentences have bee a directed to run concurrently.
(2.) THE case relates to an incident which took place on November 10, 1985 at 1 p.m. in the fields of village 4 -FDM Sardargarh resulting in injuries to Gurudayal Singh and Buta Singh. The prosecution case, in brief, was that the cattle of the accused had entered into the field of Gurudayal Singh, who was taking them to the cattle home. On this the accused Banwarilal came rushing from his house and by taking hold of a Lath; from Pratap Singh struck the same on Gurudayal Singh. When Buta Singh intervened he, too, was beaten. The injured were removed to the Hospital, where their injuries were examined by Dr. Sahi Ram (P.W. 1). The Doctor found the following injuries on the body of Gurudayal Singh: lacerated wound (bleeding present): 1 1/2" X 0.2" Bonedeep, over left eyebrow area of face. Lacerated wound (bleeding present): 1/2" X 0.2" X 0.2" Lateral Canthus of left eye. Bruise with swelling: 2 1/2  X 1" left side of the face obliquely directed. Bruise: 2 1/2" X 1" on the outer aspect of left upper arm. Buta Singh had the following injury in his person; Bruise with swelling: 7" X 1" Lower 1/4 on the Anterolateral aspect of left chest. All the injuries of Gurudayal Singh except the one on the forehead were simple and caused by blunt object. In X -Ray a fracture on the forehead of Gurudayal Singh was detected. The injury of Buta Singh was simple and caused by a blunt object. After investigation the police filed a charge -sheet against the accused in the Court of Munsif and Judicial Magistrate, Suratgarh, who committed the case for trial before the Court of Sessions. The accused was charged for the offences under sections 447, 307 and 323, I.P.C. The accused pleaded not guilty and claimed to be tried.
(3.) AFTER trial, the learned Additional Sessions Judge No. 2, Hanumangarh (Camp of Suratgarh), by the judgment dated November 20, 1987 acquitted the accused for the offence under section 447, I.P.C. but convicted him for the offences under section 307, I.P.C. to four years, R.I. and to a fine at Rs. 500/ - in default of payment of fine to October R.I. for 3 months and under section 323, I.P.C. to 3 months, R.I. Both the sentences have been directed to run concurrently. Aggrieved of the aforesaid order of convictions and sentences, the accused has filed the present appeal in this Court.;