JUDGMENT

Rajendra Babu, J.-Leave granted.

2. 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 PW 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 Shah