The conviction under Section 324 IPC was affirmed, but the sentence was reduced to the time already served, acknowledging the appellant's age and absence of prior offenses.

JUDGMENT :

Farjand Ali, J.

1. By way of filing the instant Criminal Appeal under Section 374 (2) of the CrPC, the appellant has challenged the judgment dated 22.05.1996 passed by the learned Additional Sessions Judge, Bhilwara in Sessions Case No.11/1992, whereby the learned trial court has convicted him for the offence under Section 324 of the IPC and sentenced to undergo one year’s rigorous imprisonment and to pay a fine of Rs.500/- and in default ofpayment of fine, further to undergo imprisonment of two months.

2. None appears on behalf of the appellant to argue the matter Looking to the fact that the case is very old, in the interest of justice, Ms. Nikita Vaishnav, Advocate, is appointed as Amicus Curiae to assist the Court on behalf of the appellant under the Free Legal Aid Scheme of the Rajasthan State Legal Services Authority (RSLSA). Her fee shall be paid by the RSLSA in accordance with its rules. With her valuable assistance, the Court proceeded to adjudicate the appeal.

3. Briefly stated, the facts emerging from the record are that the incident in question took place on 18.01.1987 at about 8:30– 8:45 AM near the shop of one Sindhi, situated close to the house of the injured witnesses at village Rayta. On hearing a commotion, PW-1 Rafique Mohammad came out of his house and saw his father PW-2 Fayyaz Mohammad being assaulted by the accused persons Balu, Amar Chand, Dhrup Singh, Balu’s aunt and Balu’s wife, who were allegedly armed with a knife, sticks and stones. It was alleged that accused Baloo inflicted knife blows on the head of PW-2 Fayyaz Mohammad, whereas accused Amar Chand and Dhrup Singh caused injuries to him with sticks, and the women accompanying them threw stones. When PW-1 Rafique tried to intervene, accused Balu allegedly bit him on his hand. PW-2 Fayyaz Mohammad fell to the ground due to the assault and became semi-conscious. PW-3 Rasheeda Begum also reached the spot and supported the version that the accused persons collectively assaulted her father Fayyaz Mohammad with sharp and blunt weapons. Thereafter, PW-1 Rafique, PW-2 Fayyaz and others proceeded towards the police outpost, but on the way they met police officials who took them to the hospital, where PW-2 Fayyaz Mohammad was admitted. Both PW-1 and PW-2 were medically examined, and multiple incised as well as blunt injuries were recorded. The police thereafter registered a case under Sections 307 , 324, 323, 147, 148 and 149 IPC , prepared the site plan, seized blood-stained clothes and the knife allegedly produced by Rafique, arrested several accused persons, and eventually filed the charge-sheet before the competent court.

4. During the course of trial, the prosecution examined P.W.1 Rafiq Mohammad, P.W.2 Fayaz Mohammad, P.W.3 Rasheeda Begum, P.W.4 Kanhiya Lal, P.W.5 Baloo Ram, P.W.6 Dr. Ramesh Chandra, P.W.7 Wasandas, P.W.8 Man Singh and P.W.9 Bahadur Singh. The documentary evidence, including injury reports, site plan, seizure memos and arrest memos, were also exhibited. In their statements under Section 313 CrPC, the accused denied the prosecution allegations and claimed false implication, asserting that in fact they were assaulted by the complainant party. The defence examined D.W.1 Babu Ram, D.W.2 Amarchand, D.W.3 Dr. Kailash Chand Jain and D.W.4 Dr. Kailash Chandra Laddha in support of their plea. After appreciating the oral and documentary evidence, the learned Additional Sessions Judge held that the prosecution had failed to prove the ingredients of the offence under Section 307 IPC but found sufficient evidence to hold the