1. - This criminal revision petition has been filed against the judgment of the learned Special Judge, NDPS Cases, Jodhpur dated 14.09.1995 passed in Criminal Appeal No. 22/1995, by which the learned appellate court dismissed the appeal of the present petitioner while affirming the judgment of conviction and order of sentence dated 20.07.1995 passed by learned Chief Judicial Magistrate, Jodhpur in Criminal Case No. 224/1983, whereby the learned trial court convicted petitioner Hari Singh for the offence under Section 326 Indian Penal Code and awarded the sentence of two years' rigorous imprisonment along with a fine of Rs. 2000/- and in default of payment of fine, further to undergo three months' simple imprisonment.

2. The incident in this case happened as early as on 16.07.1982, when it is alleged that injured Smt. Bhagwati, the wife of the petitioner, sustained injuries on her body including a grievous injury on her hand. She was admitted in a private hospital and then she was moved to Mahatma Gandhi Hospital, Jodhpur, where statement of her brother Arjun Singh was recorded by the Investigating Officer. Earlier the statement of Smt. Bhagwati was recorded by Shri Jethmal, Incharge Out Post Jaswant Sarai Police Station Sardarpura and later on the Station House Officer of the Police Station Mathania recorded her statement. On the basis of that statement of Smt. Bhagwati, police registered a case bearing First Information No. 47/1982 under Section 307 and 326 Indian Penal Code. After usual investigation, charge-sheet was filed in the court of Munsif and Judicial Magistrate, Osian against three persons including the present petitioner under Section 307, 326, 325 and 324 Indian Penal Code and the case was committed to the court of Sessions. The learned District and Sessions Judge, Jodhpur remanded the case for trial to the learned Chief Judicial Magistrate, Jodhpur under Section 228(1) Criminal Procedure Code.

3. Accused-petitioner Hari Singh was charged for the offence under Section 324/34, 325/34 and 326 Indian Penal Code and Devaram and Smt. Chuki were charged for the offence under Section 324/34, 325/34 and 326/34 Indian Penal Code. After examination of the 12 Page 2 of 7S.B. Criminal Revision Petition No. 287/1995 prosecution witnesses, the learned trial court examined the accused under Section 313 Criminal Procedure Code while putting the incriminating evidence adduced against them for their explanation. The accused in their defence examined D.W.1 Jethmal. After hearing both the parties, the learned trial court acquitted Smt. Chuki and Devaram from the charges levelled against them and by the judgment and order dated 20.07.1995 convicted accused-petitioner Hari Singh for the offence under Section 326 Indian Penal Code and awarded sentence to him as indicated above. The learned appellate court while affirming the judgment of conviction and order of sentence, dismissed the appeal of the present petitioner and being aggrieved of that, the present revision petition has been filed.

4. While assailing the judgment of the learned trial court and learned Appellate Court, counsel for the petitioner contended that the learned trial court in its judgment at Page 8 appreciated that P.W. 12 Dharmendra Sharma who stated in his cross examination that injuries on the amputed hand were not caused by sharp edged weapon because the bones were found broken in irregular manner and he further stated that the injury on the hand was caused by blunt weapon but the learned trial court presumed that there might have been some interruption by someone.

5. Learned counsel for the petitioner further contended that it was not stated in the First Information Report that the injury was Page 3 of 7S.B. Criminal Revision Petition No. 287/1995 caused to Bhagwati by present petitioner Hari Singh and she while improving her earlier version i.e. in the later statement recorded under Section 161 of the Criminal Procedure Code she stated that Hari Singh caused