TANVEER AQUIL Vs. STATE OF M P

JUDGEMENT

(1.) The judgment in this appeal shall also govern the disposal of Criminal Appeal No. 1117 of 1984 and Criminal Appeal No. 824 of 1985.

(2.) Appellant Tanveer Aquil was charged under section 307, Indian Penal Code for attempting to commit murder of Rajesh Kumar son of Pooranlal Sharma at about 1.00 P.M (noon time) on 29-1- 1983 near Sashtri Chowk, Kelabadi, Durg. After trial, he has been acquitted of that charge but has been convicted under section 324, Indian Penal Code, and sentenced to imprisonment till rising of the Court and a fine of Rs. 500/-. In default of fine, he has been directed to undergo simple imprisonment for one month. The lower Court has, however, found that the conduct of the appellant did not permit him to be released on probation. He has appealed against his aforesaid conviction and sentence and his appeal is Criminal Appeal No. 803 of 1984. Against his acquittal of charge under section 307, Indian Penal Code, the State has filed Criminal Appeal No. 424 of 1985, after obtaining due leave from the Court. The State has also filed connected Criminal Appeal No. In of 1984 praying for enhancement of the sentence awarded to the appellant even on his conviction under section 324, Indian Penal Code.

(3.) On the date of incident, Rajesh Kumar (P.W. 1) found the appellant coming from the house of a lady addressed by Rajesh Kumar as Sharma auntie. Rajseh Kumar objected to the appellants going to Sharma auntie's house. At this, it is alleged that the appellant took out, a hand-granite from his pocket and threw it at Rajesh Kumar. Soon thereafter, the appellant took out a razor from his pocket and with it inflicted several blows on Rajesh Kumar. Rajesh Kumar lodged the report (Ex P/i) on the same day, i.e., 29-1-1983 and soon after the incident. The appellant also had reached the police station by that time. He was taken into custody. During investigation, the razor seized at the instance of the appellant and was sent to chemical examiner: Rajesh Kumar was sent for medical examination. He was admitted in the hospital and was discharged only on 7-2-1983. His injury report is Ex. P/4 which was proved by Dr. Shrivastava (P.W. 12) during the course of trial. As many as 13 injuries were found on the person of Rajesh Kumar. All these injuries were simple and, according to Dr. Shrivastava could be caused by sharp cutting weapon like the razor seized at the instance of the appellant. Ex. P/12 is the report of the Serologist according to which, human blood was found on the said razor. At the trial, Savitribai, Jamnabai, Lalit Kumar and Premlatabai were examined as eye witnesses. They all deposed to have seen the incident. Their testimony has been believed by the lower Court. The lower Court also relied the testimony of Dr. Shrivastava and held the appellant guilty of causing injuries to Rajesh Kumar as found by Dr. Shrivastava. From the nature of the injuries and the part of the body upon which they were found and from the attending circumstances, the lower Court found that the appellant never intended to cause death nor did he intend to cause such bodily injuries which could have resulted in death. The Court, therefore, rightly found that the injuries were not inflicted with the object of causing death. On this finding, the appellant has been held guilty of the offence punishable only under section 324, Indian Penal Code.