PRITAM SINGH Vs. STATE

JUDGEMENT

(1.) The appellant aggrieved by the order dated 18.12.1975 passed by the Additional Sessions Judge, Delhi, in Sessions Case No.46/76, convicting and sentencing him to undergo rigorous imprisonment for two years under Section 326 I.P.C. has come up in appeal before this court.

(2.) The prosecution case, in brief, is that on 9.11.1975 at about 4 p.m. some row took place between the complainant and Rakesh (P.W.2) and the appellant regarding purchase of liquor during the course of which the appellant caused an injury on the abdomen of Rakesh (P.W.2) by a blade of scissor. The occurrence was witnessed by Tejpal (P.W.3). Rakesh (P.W.2) was removed to the hospital, where he was medically examined by Dr. O.P. Sharma (P.W.6). On the same day, a case under Section 307 I.P.C. was registered against the appellant. The appellant was arrested. During investigation, the appellant made a statement (Ex.P.W.3/B) leading to the discovery of the scissor as a result whereof the Scissor (Ex.P.1) was recovered vide seizure memo (Ex.P.W.3/C). On completion of the investigation, the appellant was charge sheeted under Section 307 I.P.C.

(3.) In the trial court a charge under Section 307 I.P.C. was framed against the appellant to which he pleaded not guilty and claimed to be tried. In order to prove the charge, the prosecution has examined 10 witnesses. The learned Additional Sessions Judge, on a consideration of the evidence adduced by the prosecution found that the prosecution has failed to prove the charge under Section 307 I.P.C. against the appellant and the evidence on record clearly proved that the appellant's act in inflicting the inquiry in question on the person of Rakesh (P.W.2) is punishable under Section 326 I.P.C. He, therefore, acquitted the appellant of the offence charged under Section 307 I.P.C. but convicted him under Section 326 I.P.C.