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Judgment
The Judge has referred the case u/s 307, Criminal Procedure Code, on the ground that the evidence establishes an offence u/s 326, Indian Penal Code.
On a consideration of the evidence and giving due weight to his opinions and that of the Jury, we think that is so.
According to the view taken by this Court in Queen-Empress v. Anga Valayan 22 M.k 15 and King-Emperor v. Krishna Ayyar 24 M.k 641 it would have been open to the Jury in this case to have convicted the accused of an offence u/s 326, Indian Penal Code, and the same view was taken by Bashyam Iyengar, J., in Pattikadan Ummaru v. Emperor 26 M.k 243 though Benson, J., was of a different opinion. We follow these decisions and deem ourselves empowered u/s 307, Criminal Procedure Code, to convict the accused of an offence u/s 326, Indian Penal Code, which we accordingly do and sentence him to five years'' rigorous imprisonment. The stab in the abdomen was a very serious wound which might have ended fatally.