KISHORI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of Criminal Appeal No. 1411-SB of 2001 and Criminal Revision No. 912 of 2002 as these are directed against the common judgment.

(2.) A minor bickering between two families about their manure pits existing adjoining to each other, has led to this conviction of the appellants under Section 307 IPC and other offences and the award of various sentences. They have filed appeal to impugn their conviction and the sentence.

(3.) THE appellants have now filed the present appeal. Mr. Salil Bali, the learned counsel appearing for the appellants has raised a limited plea in support of the appeal filed by the appellants. He would say that the nature and gravity of injuries could not be properly established by admissible evidence on record. Co-relating this plea with the evidence on record, the counsel would submit that the prosecution was unable to prove the offence under Section 307 IPC. According to the counsel, at the most offence under Section 308 IPC may be made out from the facts as established. He has accordingly restricted his plea to this limited extent for converting the conviction of the appellants from offence under Section 307 to 308 IPC. It is seen from the record that it was even submitted before the trial court at the time of framing of charge that offence under Section 307 IPC was not made out from the facts in this case. However, this submission of the defence was not accepted by the court and the appellants were charged for offence under Sections 307 as well as other offences.