1984 Supreme(MP) 856

IN THE HIGH COURT OF MADHYA PRADESH
B.C. Varma, P.C. Pathak JJ.
State of M. P. – Petitioner
Vs.
Sadruddin alias Sheikh Nanne – Respondent
Cr. A. No. 1291 of 1981 (J)
Decided On : 09-10-1984

Headnote:Indian Penal Code, 1860 – S. 307 and 308 (Part II) – single knife blow not amounting to attempt to murder but one attempting to commit culpable homicide – accused left on probation – order proper.

        Short Note

       1. The respondent was prosecuted under section 307, Indian Penal Code for causing injury to one Ashraf (P. W.1) by a Knife. The lower Court believed that the respondent did give a knife blow in the abdomen of P. W. Ashraf on 18 – 12 – 1979 but under the circumstances of the case and relying upon the disposition of P.W. 1 Ashraf himself and that of P. W. 8 Laik held that if under the circumstances death has resulted. the offence would be only culpable homicide not amounting to murder and therefore, held the respondent guilty of the offence punishable under section 08 (Part II) I.P.C. Looking to the relations between the parties and in view of the fact that it was the first offence committed by the respondent and also taking into account the circumstances under which the incident took place, the respondent has been asked to execute a bond in a sum of Rs. 5000/ – for keeping good behaviour for a period of two years. The State has filed this appeal against the acquittal under section 307 IPC.

       2. Held : The learned Additional Government Advocate submitted that the stab blow was given after the dispute was over and the accused and P. W. 1 Ashraf were pacified. Although, these two witnesses viz. P.W. 1 Ashraf and P. W. 8 Laik did say before the Court that one Shammu alias Shamsuddin tried to settle the dispute and pacified them, yet such a statement is missing from the case – diary statement of both these witnesses. The lower Court, there fore, has rightly observed that this is a subsequent improvement. In our opinion the lower Court has rightly reached the conclusion that the stab blow to P. W. 1 Ashraf was given by the respondent as a result of a sudden quarrel which was initiated by Ashraf himself, who in a public place, like a tea stall, gave a slap to the respondent and thereafter made preparations to make further assaults on him. If, under these circumstances, only one blow was given and had that blow resulted in death, the offence would only be culpable homicide not amounting to murder. Since, death did not take place and Ashraf has survived, the offence would be only one attempting to commit culpable homicide not amounting to murder runishable under section 308 (Part II), I.P.C. We find no infirmity in such a finding an arrived at by the lower Court.

       3. The lower Court has also given cogent reasons for requiring the respondent to execute a bond in the sum of Rs. 5000/ – for good behaviour for a period of two years. The previous conduct of the accused – respondent has been taken into consideration. It has also been observed that the offence is punishable even with fine. We are satisfied that the lower Court has rightly required the respondent to execute a bond instead of directing him to be sentenced to Jail. No interference even in the award of the sentence is called for.

       Appeal dismissed.