The distinction between Section 307 and Section 326 of IPC and the principle of punishing offenders for their actual acts.

( 1 ) THIS appeal is directed by the appellants under Section 374 of Cr. P. C. being aggrieved by the judgment dated 17-8-1990 passed by the Additional sessions judge, Sehore in Sessions Trial No. 9/89 convicting the appellants under Section 307/r/w Section 149 and under Section 148 of IPC and each one has been sentenced for five years R. I. with fine of Rs. 500, in default for six months S. I. In earlier Section while six months R I. in the later one.

( 2 ) ACCORDING to the case of the prosecution on dated 21-7-1987 at about 4 o'clock in the evening the complainant victim Jai singh (PW5) was at the grass field for the purpose of grazing the cattle. The wife of appellant Lila Kishan and Bapu Lal came there to collect some leaves in such field and went away. Thereafter on account of some earlier enmity the appellant accompanied with other accused lashed with rifle, sticks and axe came there and the appellant lilakishan, Bapu and Kashiram caught hold the said victim while other accused jagannath and Amar Singh tied his hands and legs by turban and accused Lakhan with the help of a boy pressed his mouth. Thereafter, his legs were caught by the appellants bapu and Lila Kishan while Kashi Ram chopped off the lower part of the left leg ganga Ram stood there with rifle. The victim sustained injuries on his back, right eye and left leg. After the incident, the appellants and other accused ran away from the spot. However, the victim reached the field of Chain Singh and mentioned the incident to him. Umrao Singh and Roop Singh took him to his home. They called the watchman and mentioned him the incident. Due to heavy rain Jai Singh lodged the report to police, Ahmadpur on 22-7-1988 at 6. 40. On registering the offence, the victim was referred to hospital. The MLC report was prepared. He was admitted in the hospital and remained under treatment. On completion of the investigation, the appellants and other accused were charge-sheeted under Section 147, 148, 149, 326 and 307 of IPC.

( 3 ) THE case was committed to Sessions court where charges under Section 147, 148, 326/149, 307/149 of IPC were framed against the appellants and other accused. They denied the same, after which the trial was held. The prosecution has examined as many as 15 witnesses to prove its case, while two witnesses were examined on behalf of the appellants and other accused in their defence. Gangaram died during trial, so the case was abated against him. On appreciation of evidence except the appellants, all other accused have been acquitted from the alleged charges while the appellants were held guilty under Section 148 and 307 r/w section 149 and each one has been sentenced, as said above, hence this appeal. ( 4 ) MR. Jagat Sher Singh and Mr. Raj kamal Chaturvedi, learned counsel for the appellants have assailed the impugned judgment firstly by saying that the appellants have been falsely implicated in the case on account of previous enmity with the victim jai Singh (PW-5) while they have not committed any alleged offence. The same had not been proved by the evidence, led down by the prosecution but on appreciation of the evidence, under the wrong premises, the appellants were held guilty. The same is not sustainable under the law. He also referred some depositions of the prosecution witnesses and said that by disbelieving the set of evidence the other accused were acquitted while relying on the same evidence the appellants were held guilty hence, the Impugned Judgment is not sustainable on this count also. He also said that in spite of his aforesaid arguments, if Court comes to this conclusion that the appellants are responsible for the alleged incident, then in such case in view of medical evidence available on record the offence under Section 307 of ipc is not made out. It is only a case of Section 326 of IPC. Accordingly the trial Court has wrongly held them guilty under Section 307 of IPC and prayed for modification of their sentence. Lastly he has submitted tha

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