- (1.) Appellant challenges his conviction and sentence of two years' rigorous imprisonment with fine of Rs.2,000/- for the offence of Section 326 recorded vide judgment dated 15.12.93 (in SC No.19/92). Events alleged leading to appellant's prosecution are that on 18.11.91 at 9 A. M., Ram Chandra PW 1 accompanied with his mother Smt. Ishwari PW 3 coming at Police Station, Balotra, lodged a written report Ex.P1 that in their neighbourhood resides Ramesh who in previous night, coming at their door in intoxicated state uttering filthy words told them to go away vacating the house but as he was drunken, he (the complainant) closed door-then that morning around 8 8.30 when Ram Chandra came out of his house, Ramesh and his brother Madan, Kishan and Raju abused him and then Madan, Kishan and Raju brought lathis from their home Kishan exhorting of getting hold and not let go-and as Ramesh - took out a scissors, came Vishan Das, Hari Ram, Purushottam and his mother Smt. Ishwari and tried to intervene, but Madan and Raju pushing mother away Ramesh stabbed four blows of scissors in his abdomen, causing injuries dangerous to life-blood oozing soaked cloth and also dropped there the persons intervened, otherwise he would have been killed. On this report, SHO PW 13 making his endorsement, registering FIR Ex.P15 No.265/91 for the offence of Sections 324 and 307 IPC in course of investigation, inspecting place of occurrence, prepared memo Ex.P3 - arrested appellant and other two Madan and Raju vide memos Exs. P 5, 6 and 7. Injuries examined by medical officer injury report is Ex.P2. Per disclosure of appellant, reduced in writing by PW 13 as Ex.P17 at his instance head constable PW 10 recovered scissors, preparing memo Ex.P8. On information of other accused, lathi recovered memos are Exs. P11, 13 and 16. Blood stained clothes shirt, underwear, baniyan and jersy, handed over by injured Ram Chandra seized vide memo Ex.P10. Accused-appellant Rameshwar was medically examined report is Ex.P15. Recording statements of witnesses and other investigations, charge-sheet submitted for the offence of Sections 307, 326, 324 read with Section 34 IPC. Appellant Rameshwar, and other also, charged for the offence of Section 307 read with Section 34 IPC that they on 18.11.91 at about 8.30 a.m., with common intention of murdering Ram Chandra, abusing him and with Ramesh @ Rameshwar, inflicting injuries of scissors on abdomen of Ram Chandra, caused grievous injuries to him and had he died, the act would have been murder denying claimed trial.
(2.) Among the prosecution witnesses examined, Ramchandra PW 1 is injured who lodged FIR Ishwari PW 3 mother of injured and Purushottam PW 2 are witnesses named in FIR who all state of occurrence as above. Leela Ram PW 4, Harikishan PW 6, Vishandas PW 11 named witnesses in the FIR and Leela Ram PW 4 alleged eye-witness are declared hostile. Gaina Ram PW 5, Mohan Singh PW 7, Nathumal PW 8, Chima Ram PW 9 are motbirs of recovery etc. of whom first three are declared hostile. Loon Singh SHO PW 13, registering FIR, conducted investigation and head constable PW 10 Prathvi Singh recovered scissors. Dr. Mohan Lal PW 12 examined injured and also appellant, proves injury reports Exs. P2 and 15.
(3.) Appellant explained that as he was passing through there, these persons quarreled with him and than Ram Chandra (injured), Ishwari and father of injured Bhima Ram did beat him and as Bhima Ram inflicted blow of scissors on him, he (appellant), for self protection, came behind Ram Chandra so below of scissors penetrated Ram Chandra so and shouting of appellant, came Madan and Raju and he, the appellant, immediately reached police station for lodging report but SHO did not register his immediately and soon Ram Chandra and Ishwari coming lodged the report and thus he was falsely implicated. In defence is examined Lal Chand DW 1 who deposes as per explanation offered by appellant.;