- (1.)Leave granted.
This appeal has been preferred by the Appellant against the judgment and order dated 4th July, 2013 passed by the High Court of Judicature for Rajasthan, Jaipur Bench at Jaipur in S.B. Criminal Revision Petition No. 471 of 2001. By the impugned judgment, the High Court partly allowed the appeal filed by the Appellant herein against the judgment and order dated 27th June, 2001 passed by the Additional Sessions Judge, Rajgarh in Criminal Appeal No. 8/1997. The High Court confirmed the conviction of the Appellant under Section 326, Indian Penal Code passed by Trial Court and Appellate Court but modified the sentence from three years rigorous imprisonment to one year rigorous imprisonment with fine of Rs. 500/.

Heard the Learned Counsel for the parties. From the perusal of the record we find that the Appellant has inflicted blow of axe on Ramji Lal who suffered serious injuries on account of that blow. Two eye-witnesses P.W.-1 Kailash and P.W.-2 Indraj have also supported the story which was further supported by the medical evidence.

(2.)The High Court has noticed that the investigating officer was not examined and observed that when ocular evidence, supported by medical evidence were there, non-examination of such officer was inconsequential. Dr. J.C. Sharma, who treated the injured first, was also not examined. But the High Court has rightly held that the non-examination of Dr. J.C. Sharma was of no effect because the Doctor, who had medically examined the injured and prepared the injury report, had been examined. In view of the specific evidence available against the Appellant, we are not inclined to interfere with the order of conviction. However, taking into consideration the facts that the Appellant was facing the trial since 1988, he is aged about 65 years, and that he is suffering from tuberculosis relating to which certificate has been enclosed--the same being not disputed by the Respondent-State, we modify the sentence to the period already undergone by the Appellant along with fine. Appellant be released forthwith, if not required in any other case, subject to payment of fine imposed by the Courts below. The order passed by the High Court is modified to the above extent. The appeal along with criminal misc. petition stand disposed of.