' Javed alias Jaidi petitioner stands convicted tinder section 307, P.P.C. For murderous assault on Zubair Ahmad P.W. And sentenced to 4 years' R.I. And a fine of Rs,1,000, in default thereof 3 months'
R.I.
2. Admitting the criminal liability of the petitioner for the injuries found on the person of Zubair Ahmad P.W., the learned counsel for the petitioner has challenged the nature of the offence on the ground that since neither the doctor had declared any of the injuries found on the person of Zubair Ahmad P.W. Dangerous to life nor the same were declared grievous, so the petitioner cannot be convicted under section 307, P.P.C. Learned counsel for the State has opposed this application on the ground that the petitioner had inflicted as many as 12 injuries on the person of the victim with sharp-edged weapon.
3. I have considered the matter carefully. I feel persuaded to agree with the learned counsel for the petitioner. I find that since the doctor has not stated that the injuries or one of the injuries found on the person of the injured were/was dangerous to life or grievous, so, the petitioner could not have been convicted under section 307, P.P.C. On the basis of the number of the injuries i.e,
12. So, the conviction of the petitioner under section 307, P.P.C. Is set aside. Instead, he is convicted under section 324, P.P.C.
4. This brings me to the question of sentence. I have considered this question with utmost care. I find that the petitioner was arrested on 17-1-1986 and was released on bail on 16-7-1986 by the trial Court. He was convicted on 26-8-1987 and was taken into custody. The sentence was not suspended by the Appellate Court. The appeal was dismissed on 20-1-1990, and thereafter, he was released on bail by this Court in this revision on 4-8-1990 and as such he remained for about one year and two months in jail. Zubair Ahmad P.W. Had suffered 12 injuries out of which 10 injuries were caused by sharp-edged weapon. Some of the injuries were on the vital part of his body. In these circumstances, I feel that the sentence of two years' R.I. Would meet the case. I-le will get benefit of the provisions of section 382-B, Cr.P.C. The fine imposed by the trial Court and the sentence in lieu thereof is maintained. The petitioner will surrender himself before the trial Court within two weeks.
On his failure, the trial Court shall issue warrants for his arrest. On his arrest he will be sent to jail to serve out the sentence.