BISHNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Special leave granted.

(2.) Notice was issued confined to the question of nature of offence and sentence. The trial court had convicted the appellant under S. 307/34 ipc and had awarded sentence of rigorous imprisonment of 5 years. In appeal the High court converted the conviction to be under S. 326/34 Indian Penal Code and reduced the sentence to 2 years rigorous imprisonment and imposed a fine of rs 1000 with a default sentence.

(3.) It is contended that so far as the appellant is concerned he had given a blow on the blunt side of an axe and part of the body which was injured was the thigh of the victim lady. Reliance is placed on the medical evidence in support of the plea that no grievous injury was intended to be inflicted. It is contended that in the facts of the case so far as the appellant is concerned the appropriate S. under which the appellant should have been convicted was section 324 instead of S. 326 of IPC. Mr Rangarajan further says that the appellant has already suffered imprisonment of more than four months in all and we should reduce the sentence to the period already undergone. Inthe facts of the case we agree with the submission that the conviction should be under S. 324 of Indian Penal Code and so far as the sentence is concerned we would reduce it to the period already undergone, but enhance the sentence of fine from rs 1000 to Rs. 3,000. 00 and in default of payment of fine we direct the appellant to suffer six months' simple imprisonment. The amount of fine if realized be paid to Smt. Dhapa (PW-9) by way of compensation. The appeal is accordingly disposed of.