Bisai vs State

J.C. Mishra, J.—This appeal has been filed against the judgment and order dated 14111980 passed by III Additional Sessions Judge, Basti convicting the appellants under Section 307/34,1.P.C. and sentencing each of them to undergo rigorous imprisonment for four years.

Heard Sri Kamal Krishna, learned Counsel for the appellant and learned Additional Government Advocate.

The learned counsel for the appellants contended that even if the prosecution case is accepted it cannot be said that the accused were guilty of offence punishable under Section 307, I.P.C. He contended that none of the injuries caused to the victims could be said to be serious much less dangerous to life.

Rohitlal on medical examination was found to contain one lacerated wound which was only muscle deep besides three linear abrasions and a traumatic swelling. The injuries No. 1 and 5 were kept under observation. The other injuries were reported to be simple. The prosecution has not proved the Xray report to indicate that either injury No. l or injury No .5 was grievous.

It is true that injury No. 1 was caused on the chest but considering the nature of the injury, specially when it was only 1 cm. x 0.5 cm. x muscle deep, it cannot be said to be dangerous to life.

The learned Additional Government Advocate contended that since the abrasion could be caused by spear the necessary inference is that these injuries were serious and dangerous to life. I do not find any force in this contention. In my opinion, the accused could not be convicted under Section 307/34, I.P .C.

On consideration of the evidence and other materials on record and submissions made by the learned counsel for the parties, I find that the accused can be said to have committed offence punishable under Section 323/34, I.P.C.

The appeal is partly allowed. The conviction of the appellant under Sections 307/34, I.P.C. is set aside. Instead they are convicted under Sections 323/34, I.P.C. They are sentenced to rigorous imprisonment already undergone and to fine of Rs. 1000/ each. The fine imposed may be deposited within three months. In default of payment of fine each shall undergo simple imprisonment for one month.