AZIZ UL REHMAN Vs. STATE

JUDGEMENT

(1.) After hearing learned counsel for the parties, I find it rather difficult to sustain the judgment of the Trial Court convicting the appellant for having committed an offence punishable under Section 326 I.P.C. when he should, on the facts and circumstances brought out, have been convicted under Section 324 I.P.C. Although, the learned Additional Sessions Judge was right in relying upon the testimony of Vikar Ahmad (P.W.2) and Mumtaz Ali (P.W.3) showing that it was the appellant and no one else who gave knife blows to Vikar Ahmad (P.W.2), the fact remains that the injuries caused to him were of simple nature. The deposition of Dr. Chattar Singh (P.W.4) shows that he examined Vikar Ahmad (P.W.2) on the same day and found stab injuries on his person vide report Ex.P.W.4/A. His evidence does not suggest that the injuries sustained by Vikar Ahmad (P.W.2) were dangerous to life. Even the learned Additional Sessions Judge has observed in the judgment that "in the absence of the case history it can't be said that the injuries on the person of Vikar Ahmad (P.W.2) were dangerous to life". However, the evidence on record clearly proves that on the day in question the appellant voluntarily caused hurt to Vikar Ahmad (P.W.2) by means of knife. Consequently the act of the appellant falls under Section 324 I.P.C. and the appellant is liable to be convicted under Section 324 I.P.C. I accordingly alter the conviction of the appellant from under Section 326 I.P.C. to one Section 324 I.P.C.

(2.) Coming to the question of sentence, learned counsel after stating that the occurrence took place in the year of 1975 and the appellant has undergone the proceedings for a period of two decades, fervently pleaded for mercy. Having regard to the fact that the appellant has undergone the proceedings for a period of two decades and looking to the circumstances in which the offence was committed and the nature of the injuries sustained by Vikar Ahmad (P.W.2), I am satisfied that it is a fit case in which the sentence deserves to be modified. I am, therefore, of the opinion that this is a case in which if the sentence of the appellant is reduced to the sentence already undergone it would meet the ends of justice.

(3.) Accordingly, the appeal is partly allowed, the appellant is convicted under Section 324 I.P.C. but the sentence is reduced to the sentence already undergone.