CHANDRA MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, Chandra Mohan, has filed this appeal through jail against the judgment dated March 13, 1989, of the Additional Sessions Judge, Bhilwara convicting and sentencing him for the offence under section 333 I.P.C. to 5 years R.I.

(2.) As regards the factual aspect of the prosecution story, the same is established by the evidence of Sher Singh, injured, himself and the prosecution witnesses Om Prakash and Sambhu Lal. The statements of these witnesses were read over to me. I do not find anything to discredit their testimony. Their evidence establishes the fact that S her Singh, a police constable, received injuries at the hands of the accused. So far as the nature of the offence is concerned I agree with the counsel for the accused that the case against the accused does not exceed section 332, I.P.C. I was taken through the injury report of Sher Singh prepared by Dr. K.C. Ladha. True, the injury is by a gun-shot but the same was simple as no fracture was detected on X-Ray. The injured was conscious when he was admitted in the hospital. The injury was on right thigh. In my view it is not possible to hold it to be grievous. Accordingly, the conviction of the appellant needs to be altered from Sec. 333, I.P.C. to Section 332 I.P.C.

(3.) Accordingly, the appeal is partly allowed; the conviction of the appellant for the offence under section 333 is converted to section 332, I.P.C. and his sentence is reduced to 2 years R.I. The accused shall be entitled to set off his period of detention during investigation and trial against the aforesaid sentence awarded to him.