Sattan
Sahani Vs. State of Bihar & Ors [2002] Insc 421 (1 October 2002)
S. Rajendra
Babu & P. Venkatarama Reddi. Rajendra Babu : J. :
J U D
G M E N T
Leave
granted.
On
being convicted under Section 307 of the Indian Penal Code (for short 'IPC')
and sentenced to undergo rigorous imprisonment for a period of five years, the
appellant preferred an appeal. The High Court held that the conviction of the
appellant should be under Section 326 IPC and not 307 IPC and the sentence was
modified to 3 years rigorous imprisonment. In reaching this conclusion, the
High Court, after analysing the evidence, held as under :- "that appellant
Sattan Sahani along with other co-accused formed an unlawful assembly, entered
into the house of the informant and assaulted the injured witnesses including
P.W. 1, Malhu Shahani. Though Malhu was given 'Bhala' blow in his abdomen by
appellant No. 3, Sattan Sahani causing penetrating wound, but it appears that
he had no intention to kill him because he had given only one blow. As such, offence
attracts conviction under Section 326 of the Code for voluntarily causing
grievous hurt by dangerous weapon to P.W. 1, Malhu Shahani." The medical
evidence in the case is as per the version put forth by Dr. Jaldhar Prasad Jha,
P. W. 10. He stated that on 1.3.1983 at 4 a.m. he examined Malhu Shahni and found one penetrating wound " x
1/10" (depth not probed) on the upper part of the abdomen on midline. He
also found one incised wound " x 2/10" into skin deep on the outer
side of left eye of Malhu. He also found swelling 4" x 3" on left
thigh and a swelling 2" x 1" on left upper arm of Malhu.
He
opined that the penetrating wound was caused by sharp pointed weapon and
incised wound was caused by sharp cutting weapon and the swelling was caused by
hard and blunt substance and the age of the injuries was within 12 hours.
It is
now contended before us that the appellant had inflicted only one blow in the
spur of the moment to Malhu Shahani in the middle of the abdomen;
that
the injury caused was only " x 1/10" (depth not probed) on the middle
of the abdomen and thus did not affect any vital organ of the injured person
nor did it impair the functioning of the injured person in any manner.
For
conviction under Section 326 the requirements of Section 320 IPC must be
satisfied. Considering the fact that though only one blow was caused by the
appellant, from the weapon used namely 'Bhala', it must be inferred that it was
likely to cause the death of the injured person and, therefore, the offence is
made out under Section 326 IPC and he was rightly convicted under that
provision.
However,
in regard to sentence, we are inclined to take a lenient view in the matter. It
is brought to our notice that there was compromise between the parties and on
the basis of compromise petition the trial court directed the other accused who
were found guilty of the charges under Sections 147 and 148 to be released on
executing a bond to keep peace and be of good behaviour for a period of one
year by invoking Section 360 Cr.P.C. The appellant has already undergone about
six months of imprisonment so far. The incident took place about two decades
back. In these circumstances, we impose the sentence of imprisonment for the
period already undergone and to pay a fine of Rs. 2,000/-.
In
default of payment of fine, the appellant shall undergo imprisonment for a
further period of three months. On payment of fine, he shall be released
forthwith.
The
appeal is allowed in part to the extent indicated above.
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