SATTAN SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) On being convicted under Section 307 of the Penal Code (for shortIPC) and sentenced to undergo rigorous imprisonment for a period of five yearsthe appellant preferred an appeal. The High Court held that the conviction of theappellant should be under Section 326 IPC and not 307 IPC and the sentencewas modified to 3 years rigorous imprisonment. In reaching this conclusion, theHigh Court, after analysing the evidence, held as under:-

(3.) It is now contended before us that the appellant had inflicted only oneblow in the spur of the moment of Malhu Shahani in the middle of the abdomen;that the injury caused was only 1/2" x 1/10" (depth not probed) on the middle ofthe abdomen and thus did not affect any vital organ of the injured person nor didit impair the functioning of the injured person in any manner.