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1989 Supreme(Raj) 940

M.B.SHARMA
Rameshwar – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Praveen Bahwada, Advocate.
For the Respondent: Mr. S.C. Sharma, P.P.

JUDGMENT

1. - The conviction of the accused-petitioner Under Section 326 Indian Penal Code as well as sentence of six months simple imprisonment add a fine of Rs. 200/-or in default of fine further simple imprisonment for two months, as awarded by the learned Judicial Magistrate under his judgment dated March 28, 1980, has been upheld by The learned Addl. Sessions Judge, Dausa Camp Jaipur, under his judgment dated August 21, 1985. Aggrieved against the aforesaid order the accused petitioner has preferred this revision petition.

2. The accused-petitioner has been held to have voluntarily cut ear-labune of Moola, complainant in this case. The occurrence is said to have taken place on July 7, 1977 in the evening at 4 p m. So far as the question whether the accused is the author of the injury, i.e. cutting the ear-labune is concerned, I find no merit in the contention of the learned Counsel for the petitioner. Both the courts below have come to the conclusion that it was the accused who was responsible for having cut the ear-labune of the complainant with his teeth. It has come in the statement of Dr. Ramesh Chandra PW 2 that when the injured Moola was brought to him and he noted that h





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