STATE OF M.P. Vs. ROOP SINGH

JUDGEMENT

(1.) STATE of Madhya Pradesh has preferred this appeal under section 378 CrPC against the judgment dated 8.5.1997 in Sessions Trial No. 452/96 passed by Second Additional Sessions Judge, Mhow, Indore, challenging the acquittal of the respondent under section 307, IPC and instead conviction under section 324, IPC and sentenced to the period of already undergone which was around one year.

(2.) AS per prosecution story, the incident took place on 23.5.1996 at about 3.00 p.m. when complainant Roop Singh was present at his house. Accused Roop Singh came there and started abusing. Complainant came out from his house and asked accused that whey he is abusing. Thereupon accused who was carrying Darata (a sharp edged weapon) in his hand, assaulted on the complainant and gave 5-6 Darata blows. As a result of these assaults the injured received as many as five incised wounds on the different parts of the body. The matter was reported, crime was registered. The matter was investigated and chargesheet was filed.

(3.) WE have heard the learned counsel for the parties. Learned counsel for the appellant submitted that the trial Court has committed illegality in not convicting the respondent under section 307, IPC and discarding the medical evidence of Dr. Paliwal (PW 4). In reply, learned counsel for the respondent submitted that in this appeal the respondent was directed to be released on bail but he being a poor person could not furnish the bail, therefore, he remained in custody for more than 3 years and 7-1/2 months. Therefore, even if the conviction is altered from section 324 to 307, IPC, considering the circusmtances he be released on undergone jail sentence.