1978 Supreme(Raj) 144
KANTA BHATNAGAR
Shobha Ram – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:S.D. Kalla, Advocate.
For the Respondent: H.N. Kalla, Public Prosecutor.
JUDGMENT
1. - This revision petition is directed against the judgment of the learned Sessions Judge, Merta dated January 31, 1974 by which he while maintaining the conviction of the accused-appellant by the learned Mwisiff Magistrate, Merta reduced the substantive sentence of two years' rigorous imprisonment to one and a half years' rigorous imprisonment, and maintain the sentence of fine of Rs. 300/-.
2. The learned Counsel for the petitioner advanced his arguments to assail the findings of the two courts below on the ground that there is specific evidence of Dr. Sohanlal (CW. 1) that the fracture of Shanker could not have been caussd by the same object by which the external injury has been caused. According to the learned Counsel it is evident and held by the learned Judge deciding the appeal that the sword alleged to be recovered from the accused Shabharam, would be held to be responsible for the injury of Shanker-injured. According to the learned Counsel it is the specific case of the prosecution that only one weapon was used by Shobharam and only orca injury was caused by him hence in view of Dr Sohan Lal's statement that is the external injury by sharp edged weapan and the cor
Click Here to Read the rest of this document