EMPEROR Vs. RAMJI VALA

JUDGEMENT

(1.) THIS is an appeal by the accused against his conviction by the Sessions Judge of Surat under Section 326 of the Indian Penal Code, and on admission this Court gave notice to the accused to show cause why his sentence should not be enhanced.

(2.) THE case was tried by the learned Sessions Judge with a jury, and Mr. Kantawala for the accused has claimed the right in this appeal to go behind the verdict of the jury on questions of fact. THE question whether, on a notice to enhance sentence passed on an accused convicted on a trial with a jury, the accused can challenge the verdict of the jury on facts, does not seem: to have been considered by this Court.

(3.) ETERMINE what sentence should be imposed. In the present case we are satisfied that there was no misdirection by the learned Judge and the conviction was justified. The sentence imposed was three years' rigorous imprisonment. The offence was a very serious one. The accused without any justification thrust into the back of the complainant, who is a school master, a vindhna, which is a pointed instrument used for tapping toddy trees and, according to the complainant's evidence, the point of the vindhnd, came out by his left nipple. The fact that there was one very serious stab penetrating right through the body is, I think, confirmed by the view of the Civil Surgeon (exhibit 16), who says that there was only one single blow. The Doctor (exhibit 11), who made a superficial examination of the complainant immediately after the attack, seems to have thought that there were two wounds. But I think the view of the Civil Surgeon, who made a more exhaustive examination, though twenty-four hours after the offence, is to be preferred. A wound of that nature might very easily have caused the death of the complainant. He was kept in the Civil Hospital for treatment for three weeks.