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Judgment
The present appeal is directed against the Judgment and order dated 19.5.2005 in Criminal Appeal No. 126 of 1987 passed by the learned Single Judge of the High Court of Judicature of Rajasthan at Jaipur whereby the learned Single Judge has dislodged the conviction and the sentence recorded under Section 307 of IPC and converted the same to one under Section 324 IPC and directed the sentence should be restricted to the period already undergone. Needless to say the conviction under Section 27 of the Arms Act was maintained.
We have heard Dr. Manish Singhvi, learned counsel for the State. It is urged by him that the High Court has fallen into grave error by converting the conviction under Section 307 IPC to Section 324 IPC despite the injuries being grievous and there was an attempt to murder.
Having perused the Judgment passed by the High Court and the injury report, we find that the injuries were not on vital parts but on the palm and the little finger. True, it is in all circumstances presence of injury is not a must but the evidence on record go a long to show that the ingredients of Section 307 of the IPC have not been really satisfied. Hence, the High Court has taken note of the injuries to convert the nature of offence. That apart, the occurrence took place in 1986 and the respondent accused has already suffered substantial sentence under Section 324 IPC.
Regard being to both the aspects, we are of the considered opinion that the view expressed by the High Court is a plausible one and accordingly we concur with the same.