G.L. Gupta, J. - (1.) Rama Harijan, through this appeal, has called in question the judgment dated 30.2.1982 of the learned Sessions Judge, Banswara convicting him under Section 324 IPC and sentencing to three months R.l. and a fine of Rs. 500/-.
(2.) The case relates to an occurrence which took place on 28.10.1978 in village Survaniya. In the FIR Ex. P-1, lodged by Shiv Shanker, RW. 1 on 29.10.1978 it was stated that on 28.10.1978 at about 7 p.m. when the villagers had collected at Ram Temple and were enquiring about the theft of silver 'Mukut' of the deity, the accused took out the sword and inflicted injuries to Hameng, Kachru and Ranchhore. On this report, a case under Section 307 IPC was registered. After usual investigation, the police submitted a challan. The accused pleaded not guilty to the charge under Section 307 IPC. The prosecution examined P.W. 1 Shiv Shanker, RW. 2 Hameng, P.W. 3 Kachrulal, RW. 4 Ranchhore, P.W. 5 Kodarlal, PW. 6 Nathu, P.W. 7 Kachra, P.W. 8 Bhemji, RW. 9 Balkrishan, RW. 10 Dr. Z.N. Ansari and P.W. 11 Chhogalal. Accused in his statement under Section 313 Cr. PC. denied accusation. His case was that the members of the complainant party had gone to his house in the evening and pelted stones at him accusing him of committing theft of the 'Mukut' and they entered in his house and gave beating to him and Shanker came to his rescue. He examined DW. 1 Chapla and DW. 2 Shanker in his defence.
(3.) The learned Sessions Judge after hearing the learned counsel for the parties held that the allegation that the accused had caused injuries to Hameng, Kachru and Ranchhore were fully established. He further hold that the act of the accused did not travel beyond Section 324 IPC. He, therefore, convicting the appellant under Section 324 IPC, sentenced him as stated above.;