HARBANS SINGH Vs. THE STATE

JUDGEMENT

(1.) THE Appellant in this case, Harbans Singh. is a lambardar and gun licensee who was tried by the Sessions Judge, Jullundur, on a charge under section 307, Indian Penal Code, i.e., attempt to murder, as a result of his having caused injuries to Hansa Singh, P.W. by firing his gun at him. He was, however, acquitted by the learned Sessions Judge of the charge under section 307 and instead convicted under section 337, Indian Penal Code, namely, causing hurt by rash and negligent act, and sentenced to pay a fine of Rs. 250 or in default to undergo four months' rigorous imprisonment, Rs. 100 out of the fine, if paid, being made payable to Hansa Singh, as compensation.

(2.) THE prosecution case was that the accused had joined on the side of their opponents in a quarrel in which Hansa Singh and his party were engaged, and had delibarately shot Hansa Singh, who received about 50 minor injuries from pellets, mostly superficial, though 11 pellets had actually penetrated the skin to the small extent.

(3.) THE learned Counsel for the Appellant has argued that the conviction is illegal since an offence under section 337, Indian Penal Code, is of a totally different kind from an offence under section 307, Indian Penal Code, and so cannot be called a minor offence within the meaning of section 238 (2) of the Code of Criminal Procedure, which reads - -