PRABIR RANJAN DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS Criminal revision is directed against the judgment of conviction of the petitioner under Section 326, Indian Penal Code. He has been sentenced to rigorous imprisonment for six months and to say a fine of Rs. 100/ -, in default to suffer rigorous imprisonment for another month.

(2.) THE prosecution case is that the accused is the nephew of the injured Hiranya Paul. The latter was proceeding towards his house when suddenly the accused came and stabbed him, causing a penetrating wound 1 1/2" x 1/2" x abdominal cavity through which the omen, turn came out. There was a linear scratch which might be caused by a fall as there is no suggestion that another blow was given. The injured immediately shouted for help and P. W. 4 came running. It was evening time and he constantly flashed his torch light and saw the accused running away with a dagger. Although the injured lost his consciousness for some time, he regained it near a Tilla whore he was lying and was found by P. W. 2, 3 and 4. Not only P. W. 4 but also the injured gave out the name of the accused to those who arrived immediately. The learned Sessions Judge as well as the trying Magistrate were satisfied and, in my opinion rightly, held that the accused caused this injury to his maternal uncle without any provocation. There is no error in this conclusion.

(3.) MR . Choudhury then appeals to this Court for a merciful sentence in view of the relationship of the parties and the admitted bad blood between them. Existence of animosity may, of course, be a point against the accused but since he is a youngman of about 22 years and at one stage prosecution even sought to implicate his father who must have been the moving spirit behind the youngman's action, I am prepared to reduce the sentence to three months' rigorous imprisonment under Section 326, Indian Penal Code, and a sentence of fine of Rs. 50/, in default two months' rigorous imprisonment.