BHANWAR STNGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant has been convicted by the Sessions Judge, Muzaffarnagar of an offence under S. 307 Indian Penal Code and sentenced to 4 years rigorous imprisonment. The conviction and sentence were upheld by the High court in appeal. It was strenuously urged before us by the learned advocate for the appellant that the appellant has not exceeded his right to private defence in inflicting the gun shot injury on 0m Pal Singh. This aspect has been considered by the Sessions judge as well as by the High court in the light of the evidence adduced in the case and the finding concurrently entered is that the defenceof the appellant that he inflicted the injuries in the legitimate exercise of his right of private defence cannot be accepted. We do not find any strong ground for interference with the said finding. The conviction of the appellant under S. 307 Indian Penal Code will, therefore, stand confirmed. However, having regard to the facts and circumstances of the case we consider that interest of justice would be adequately met if the appellant is sentenced to rigorous imprisonment for a period of 2 years. The sentence imposed on the appellant by the High court and by the Sessions Judge will accordingly stand reduced from 4 years rl to 2 years Rl. Subject to this modification the appeal is dismissed. The bail bond of the appellant will stand cancelled and he will be taken into custody forthwith for serving out rest of the sentence.