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1990 Supreme(Raj) 575

MOHINI KAPUR
Deva Lal – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - The Judicial Magistrate Malpura convicted the petitioner, Devalal, for the offence under section 326, IPC and sentenced him to one year R.I. and a fine of Rs. 250/-. This conviction and sentence was confirmed by the Sessions Judge, Tonk by his judgment dated 17th April, 1990. Against this decision the petitioner has preferred this revision petition.

2. The facts of the case lie in a very narrow compass. The injured Gokul & the accused Devalal had a short quarrel about the share in the crop in lie of wages for the labour done by Gokul. Upon this quarrel the appellant caught hold of Gokul and gave a teeth bite on the left ear of Gokul, with the result that a part of the ear measuring 1.5" x 0.2" was severed. This injury has been described by the doctor as a lacerated wound caused by a blunt object. This was grievous in nature and as it was a lacerated wound he said that the opinion will have to be given that it was caused by a blunt object. He gave opinion that the injury could have been caused by eating away with the teeth.

3. The question which has been raised by the learned counsel for the petitioner is that the lacerated wound could be caused by a blunt object only an








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