Criminal Misc. Petition No. 355 of 2014. Case: Ramdhan Vs State of Rajasthan. Supreme Court

Case Number:Criminal Misc. Petition No. 355 of 2014
Party Name:Ramdhan Vs State of Rajasthan
Counsel:For Appellant: Satya Mitra, Adv. and For Respondents: S.S. Shamshery, A.A.G., Bharat Sood, Sandeep Singh, Varun Punia, Ritesh Prakash Yadav, Harshvardhan Singh Rathore, Advs. for Ruchi Kohli, Adv.
Judges:Sudhansu Jyoti Mukhopadhaya and Kurian Joseph, JJ.
Issue:Indian Penal Code (IPC) - Section 326
Judgement Date:February 24, 2014
Court:Supreme Court
 
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Order:

  1. Leave granted.

    This appeal has been preferred by the Appellant against the judgment and order dated 4th July, 2013 passed by the High Court of Judicature for Rajasthan, Jaipur Bench at Jaipur in S.B. Criminal Revision Petition No. 471 of 2001. By the impugned judgment, the High Court partly allowed the appeal filed by the Appellant herein against the judgment and order dated 27th June, 2001 passed by the Additional Sessions Judge, Rajgarh in Criminal Appeal No. 8/1997. The High Court confirmed the conviction of the Appellant under Section 326, Indian Penal Code passed by Trial Court and Appellate Court but modified the sentence from three years rigorous imprisonment to one year rigorous imprisonment with fine of Rs. 500/.

    Heard the Learned Counsel for the parties. From the perusal of the record we find that the Appellant has inflicted blow of axe on Ramji Lal who suffered serious injuries on account of that blow. Two eye-witnesses P.W.-1 Kailash and P.W.-2 Indraj have also supported the story which was further supported by the medical evidence.

  2. The High Court has noticed that the investigating officer was not examined and observed that when ocular evidence, supported by medical evidence were there, non-examination of such officer was inconsequential. Dr. J.C. Sharma, who treated the...

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