1982 Supreme(MP) 115

Faizan Uddin, J.
Ashok v. Slate of M.P.
Cr. A. No. 1413 of 1981(J); Decided on 17-2-1982.

Headnote:Penal Code, 1860 -- Ss 307 and 326 -- injuries on vital part but no vital organ cut --sufficiency of injuries to cause death and motive to cause death also not proved -- offence falls under S. 326

        The complainant Narayan, (PW 2), was medically examined by Dr. Baijnath (PW 1) and as per his report, Ex. P-1, found one stab wound, 2" long, vertical on right side of the lower part of the chest at its medial site, and a stab wound 2" long, vertical outwards, on the middle of left abdomen, omentum was coming out of the wound. The injuries were fresh and grievous in nature, caused by a sharp instrument like a knife.

        At the trial, the appellant abjured his guilt and pleaded false implication.

        After the trial and on appreciation of the evidence, the learned Additional Sessions Judge believed the prosecution version and found the appellant guilty for the offence; punishable under section 307 of the Indian Penal Code, and therefore, sentenced him to undergo rigorous imprisonment for a period of 4 years against which this appeal has been directed.

        Held ; It is true that the injuries caused to Narayan were on vital parts of his body, but the medical evidence shows that no vital organ was cut. The medical evidence also does not show that the injuries found on the person of Narayan were either sufficient in the ordinary course of nature to cause death or the death would have resulted but for the timely intervention of the medical aid. From the evidence it could also not be inferred that the appellant had a motive or intention to cause death of his victim. In these circumstances in my opinion. the offence did not fall within the purview of S. 307 of the Indian Penal Code" But the evidence on record does how that the appellant had caused grievous hurt to the complainant Narayan by means of a knife, which is an instrument by which death may also be caused. The act of the appellant therefore, fell within the purview of S. 326 of the Indian Penal Code 1 therefore, hold the appellant guilty for the offence punishable under S. 326 of the Indian Penal Code. Appeal partly allowed. Sentence reduced to 2-½ years with fine of Rs. 200.