BHUPENDRA SINGH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated July 31th, 1987 whereby, the accused-appellant Bhupendra Singh has been convicted in the offence under Sec. 326 of I.P.C. and sentenced to rigorous imprisonment for a period of two years and a fine of Rs. 200.00, in default of payment of fine to further suffer a rigorous imprisonment of one month, and the accused-appellant Basti Ram has been convicted in the offence under Sec. 323 of Penal Code and released on probation under Sec. 4 of Probation of Offenders Act on his executing a personal bond in the sum of Rs. 1,000.00 and a surety of like amount for a period of one year with the stipulation to appear and receive sentence when called upon during the probation period and meantime to keep the peace and be of good behaviour.

(2.) As per the prosecution case unravelled, the accused persons Bhupendra Singh, Amar Singh and Basti Ram are alleged to have assaulted upon complainant Kanwar Singh on July 28th, 1985 at about 9 pm on the way of village Kultajpur with an intention to kill him. The complainant sustained a grievous injury on his shoulder caused by Farsi. The police lodged the FIR Ex.P/12 on Parchabayan Ex.P/5 of injured Kanwar Singh. During investigation, the site plan Ex.P-6 was prepared, blood stained cloths viz. 'baniyan' and one 'dhoti' was seized vide memo Ex.P/4, a 'Farsi' was recovered vide memo Ex.P/8 at the instance of the accused, witnesses were examined, necessary memos were drawn and after usual investigation the accused persons Bhupendra Singh, Amar Singh and Basti Ram were sent for trial in the court.

(3.) The accused-appellants Bhupendra Singh and Amar Singh were 5 indicted for the offences under Sec. 307/34 and 326/34 of Penal Code and the accused-appellant Basti Ram was charged for the offence under Sec. 307/34, 326/34 and 323 of Penal Code who pleaded not guilty and claimed trial. In order to further its version, the prosecution has examined as many as eleven witnesses. The accused appellants in their explanation under Sectiori 313 of Cr.PC. Claimed innocence. On completion of trial, Amar Singh was acquitted for the charges and the accused Bhupendra Singh and Basti Ram were convicted and sentenced as indicated hereinabove.