MUNSHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Munshi Ram has been convicted for an offence under section 307 I.P.C. and sentenced to three years' rigorous imprisonment by the learned Sessions Judge, Jhunjhunu vide his judgement dated 13th of March, 1976.

(2.) Learned counsel for the appellant has raised only one point before this Court and it is that under the circumstances of this case even if the facts established by the prosecution are taken to be true, the offence does not go beyond 324 I. P. C. It is, therefore, prayed that the appellant be acquitted of the charge under section 307 I.P.C. and be convicted under section 324 I. P. C.

(3.) Only one injury on the head of Mohar Singh was inflicted by the axe by the appellant, the dimensions whereof were 4" x 1/2 x 1/4" The doctor D. D. Chanana P. W./1 has come in the witness box and has stated that the injury was caused by sharp edged weapon and described it to be grievous in nature as in his opinion the injury was dangerous to life of a man. X-ray was advised by him. in cross-examination the doctor admitted the suggestion given by the learned counsel for the defence that much force was not used by the appellant in inflicting the said injury. It may be mentioned that the X-ray report was not produced by the prosecution.