KALURAM NIVRUTTI TAMBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant was convicted by the Assistant Sessions judge, Pune, in Sessions Case No. 72 of 1987 for the offences punishable under sections 307 and 326 of the Indian Penal Code. Against the said order, he has preferred an appeal in the Session Court, Pune, being Criminal Appeal No. 330 of 1987. The Sessions Court reduced the sentence and altered the conviction from sections 307 and 326 to sections 326 and 324, respectively. Being aggrieved by the said order passed by the Sessions Judge, he preferred this criminal revision application.

(2.) The prosecution case in brief is that the applicant stabbed the complainant Meghraj on 8th October, 1986. When the complainant's friend tried to intervene in the said quarrel, he also received stab injury from the applicant. Accused was thereafter arrested and he was convicted by the Assistant Sessions judge and thereafter, the conviction was altered by the Sessions Court in appeal.

(3.) The learned Counsel appearing on behalf of the applicant has submitted that considering the nature of injury which was found on the complainant, the offence under section 326 was not made out and at the most, the applicant may be convicted for the offence punishable under section 324 of the Indian Penal code. The learned Counsel further submitted that in otherwise, looking at the clear facts and circumstances of the case, this is a fit case where the applicant be granted the benefit of Probation of Offenders Act since more than 20 years have passed from the date of the incident and that the injury on the person of the complainant was not on a vital part but was on his shoulder and therefore, section 326 was not attracted.