MOHAKAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Lower appellate court confirmed conviction of revisionists Mohakam Singh and Mahabir Singh with offence under Section 307 I. P. C. on account of the following four injuries: 1. Lacerated wound 2. 5 cm x 2. 5 cm x skin deep on the right parietal area of scalp 4. cm above right ear. 2. Lacerated wound 3. 5 cm x 1. 5 cm x skin deep on the mid part interior aspect of the right pinns of ear. 3. Contused swelling 5 cm x 2. 5 cm on the right mastoid area of scalp. Bluish and black. 4. Contusion 4 cm x 2 cm above the right eye brow with black eye. 2. Opinion, of the doctor was that the injuries were simple in nature and were caused by blunt object. According to the prosecution story before the assault of lathies by the revisionists assailants jointly shouted "maro SALE KO JANE NAHI PAWE". Co-accused Udaivir Singh fired pistol but the shots did not hit the injured. The learned lower appellate court drew inference that only on account of seat of injuries No. 1 to 4 intention of the assailants was to kill. It may be noted that co-accused Udaivir was given benefit of doubt and was acquitted. This means story of firing pistol by him was not accepted. It is evident that the injuries No. 1 and 2 were only skin deep. Injury No. 3 was contused swelling and injury No. 4 was only contusion. No internal injury was found. I am of the view -that merely on the basis of seat of injuries Noto 4 and after considering the nature of these injuries and also considering the prosecution story, it cannot be said that the revisionists had intention to kill or that the injuries were sufficient to cause death in ordinary course of nature or were likely to cause death in ordinary course of nature. Hence the revisionists could not be held guilty of offence under Section 307 or 308 I. P. C. since all the injuries were simple, they could be guilty of only offence under Section 323 I. P. C. Incident took place on 23rd November, 1980. Now sending the revisionists to jail for a short term for offence under Section 323 I. P. C. is not likely to serve any useful purpose. 3. Hence I allow this revision in part and convert the conviction of the revisionists from offence under Section 307 I. P. C. to offence under Section 323 I. P. C. They are granted first offenders benefit and probation under Section 4 of the U. P. First offenders probation Act. They are on bail. They shall be summoned by the Sessions Judge, Mainpuri and shall be released on probation on each of them furnishing a personal bond and one surety to the sat'-faction of the Sessions Judge concerned for good behaviour and maintaining peace for a period of one year. In default of any terms of their bonds, the revisionists shall be liable to appear before the Sessions Judge concerned and receive sentences. Revisionists shall not be under the supervision of the probation officer. Revision Allowed .