VELJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7.9.1982 passed by the learned Sessions Judge convicting the appellant of the offence under Sec. 326 Penal Code and sentencing him to two years' rigorous imprisonment and to pay a fine of Rs. 250.00 and in default of payment of fine to further undergo three months' R.l.

(2.) The prosecution story is that in the marriage procession of Manji on 3.5.1982, the accused Velji abruptly entered and snatched the sword from Manji and gave a blow on the head of Kanku on account of which the 'potli', on her head fell down. The accused thereafter assaulted Chanana causing injuries on his fingers. Police registered a case for the offences under Secs. 307 and 326 Penal Code and proceeded-with investigation. The prosecution during the trial examined number of witnesses. The trial Court held that the accused had no intention to kill Chanana but having caused a grievous injury by a sharp edged weapon on the fingers of Chanana, committed the offence under Sec. 326 IPC.

(3.) I have heard learned counsel for the parties and also perused the record of the case. PW 1 Chanana has categorically stated that he sustained injuries on the fingers on account of the sword blow given by the accused Velji. PW 3 Dr. PS. Bhardwaj has stated that he examined Chanana on 3.5.1982. He has proved the injury report Ex.P. 3 He noticed four injuries on the person of Chanana. Except injury No. 3, all the injuries are simple in nature. None of them is on the vital part of the body. The grievous injury is on the finger. In view of this, the conviction of the appellant under Sec. 326 Penal Code is upheld. However, looking to the peculiar facts of the case, the ends of justice would be met if the sentence awarded is reduced to the period already undergone. It is pointed-out that he has already undergone the sentence of one month and twenty five days.