The main legal point established in the judgment is the consideration of the nature of injuries, the appellant's guilt, and the appropriate sentence under section 324 of the Indian Penal Code.

JUDGMENT SATYENDRA KUMAR SINGH, J. : – Appellant has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) (in short Cr.P.C.) being aggrieved by the judgment dated 7-9-1999 passed by the Court of Sessions Judge, Distt. Dewas in S. T. No 53/1999, whereby the appellant has been convicted under section 324 of Indian Penal Code, 1860 (hereinafter called IPC) and sentenced to undergo R.I. for three years.

2. The prosecution case in brief is that on 7-1-1999 at about 13:00 p.m., while complainant’s son Santosh was going towards Bagli Bazar, the appellant met him in front of Guddu’s house. Appellant asked Santosh as to why he has made complaint to the liquor contractor about selling of liquor and when Santosh denied, he assaulted him with deadly weapon knife on left side of his back in between the ribs and caused grievous injury to him. Santosh told about the incident to Laxmichand and thereafter to his father complainant Radheyshyam who took him to Primary Health Care Centre, Bagli where Dr. S. K. Gupta, medically examined Santosh and found a stab wound measuring 3x4 inches x ½ inchesx2 ½ inches deep obliquely on the left side of his back in frontal region and after preparing MLC report (Ex. P-3) referred him to M. Y. Hospital, Indore where on the same day, Dr. Anurag Goyal admitted and treated him till 13-1-1999 as per treatment card (Ex P-11). On the same day, SHO J. G. Choubey lodged the FIR (Ex P-1) on the report of complainant Radheyshyam whereafter, SHO J. G. Choubey rushed to the spot and prepared spot map (Ex. P-2), seized blood stained shirt and vest of the injured Santosh from the possession of his father/complainant-Radheyshyam as per seizure memo (Ex. P-6).

3. During investigation, appellant was arrested under section 151 of Criminal Procedure Code and a knife was seized from his possession as per seizure memo (Ex. P-7). Thereafter, SHO J. G. Choubey made formal arrest of the appellant in the crime as per arrest memo (Ex. P-8). Vide letter (Ex. P-9), he sent all the seized material for chemical analysis to Forensic Science Lab, Sagar. After due investigation, charge-sheet was filed before the Court of Judicial Magistrate First Class, Bagli who committed the case to the Court of Sessions.

4. Trial Court after considering the prosecution evidence, framed charges under section 307 of Indian Penal Code. The appellant abjured his guilt in his statement recorded under section 313 of Criminal Procedure Code.

5. On considering the prosecution evidence, learned Court of Sessions Judge convicted the appellant under section 324 of Indian Penal Code instead of 307of Indian Penal Code and sentenced him as mentioned in para 1.

6. Learned counsel for the appellant submits that incident occurred all of a sudden and only one injury was found on the body of the injured. Learned Court below has not found the same as dangerous to life and convicted the appellant under section 324 of Indian Penal Code. Appellant remained in custody from the date of arrest i.e. 8-1-1999 till 5-2-1999 for a period of 29 days as per certificate under section 428 of Criminal Procedure Code. Hence, looking to the nature of injuries and overt act of the appellant, jail sentence of the appellant may be reduced to the period already undergone by him in custody.

7. On the other hand, learned counsel for the respondent/State submits that conviction and sentence given by the Sessions Court is proper. He further submits that in case the jail sentence is reduced to the period already undergone by the appellant, heavy fine may be imposed upon him.

8. On considering the submissions made by learned counsel for the parties and looking the facts and circumstances of the case, it apparent that appellant does not challenge the merits of the case. However, looking to the statement of complainant Radheyshya (PW-1) and his son/victim Santosh (PW-2) which is supported by timely lodged FIR (Ex. P-1), statement and MLC report (Ex.P-3) of Dr. H