STATE OF RAJASTHAN Vs. HARLAL

JUDGEMENT

(1.) THE present appeal is directed against the Judgment and Order dated 19.5.2005 in Criminal Appeal No. 126 of 1987 passed by the learned Single Judge of the High Court of Judicature of Rajasthan at Jaipur whereby the learned Single Judge has dislodged the conviction and the sentence recorded under Section 307 of IPC and converted the same to one under Section 324, IPC and directed the sentence should be restricted to the period already undergone. Needless to say the conviction under Section 27 of the Arms Act was maintained.

(2.) WE have heard Dr. Manish Singhvi, learned Counsel for the State. It is urged by him that the High Court has fallen into grave error by coverting the conviction under Section 307, IPC to Section 324, IPC despite the injuries being grievous and there was an attempt to murder.

(3.) REGARD being to both the aspects, we are of the considered opinion that the view expressed by the High Court is a plausible one and accordingly we concur with the same. Consequently, the appeal, being devoid of merit, stands dismissed. Appeal dismissed.