Rajasthan Court February 1949 Judgments

Kedarmal Vs. the Crown

Court: Rajasthan

Reported in: 1950CriLJ799

ORDERRamabhadran, J.C.1. The petitioner was convicted by Mr. E. D. Mehta, First Class Magistrate, of an offence under Section 326, Penal Code, and sentenced to undergo 6 months rigorous imprisonment. An appeal was dismissed by the learned Sessions Judge. Hence this revision petition.2. Mr. C. P. Mathur for the petitioner, argued firstly that the offence, if any, was one Under Section 321, Penal code and not Under Section 326. He elaborated this point by reference to the statement of Dr. Srilal, Sub-Assistant Surgeon, to the effect that there were no marks of disfiguration on ML Gyarsi's nose unless it was carefully examined. The Injury Export Ex. 6 shows a cut 1' x 1/2' x 1/2' on the bridge of the nose, Dr. Srilal was examined as P.W. 4 on 8th June 1948, when ho stated that the above-named injury was a grievous one and had been caused by a sharp weapon like a' razor or a knife. He added that the internal wall separating the two nostrils was intact. I do not agree with the learned Couns...