Kanta Bhatnagar, J.
1. Ratna appellant was tried for the offence under Section 307 and 326 of the Indian Penal Code by the Sessions Judge, Dungarpur. By the judgement dated July 8, 1982 the appellant was held guilty for the offence under Section 326 of the Indian Penal Code and sentenced to four years RI Ratna has filed the appeal in this Court against his conviction and sentence through the Superintendent, Central Jail, Udaipur.
2. Briefly stated, the facts of the case giving rise to this appeal are that Smt. Kamla was married to Bhoora younger brother of appellant Ratna. Bhoora was living as 'ghar-jawai' at village Dhebra with his wife at the house of his father-in-law Bhoora (PW 2). On November 1, 1981 at about 4.00 p.m. Smt. Kamla was working at the field of her father. Ratna went there and caused injuries to her. She sustained five incised wounds and became unconscious. Ravji (PW 3), Roopa (PW 6) and Dhanji (PW 7) witnesses were ther nearby. On hearing the cry of Smt. Kamla they reached there and saw there appellant causing injuries to her with an axe and then running away from there. Bhoora (PW 2) father of Smt. Kamla rushed to the site and saw her daughter in a pool of blood. Kamla was taken to Jasela Hospital and admitted there. On November 3, 1981 Bhoora father of the gitl lodged report at Police Station, Galiakot. Assistant Sub-Inspector Usmankhan (PW 11), Incharge of the Police Station, registered a case and went to the hospital and recorded the statements of the witnesses and took in possession the blood smeared clothes of Smt. Kamla. On November 4, 1981, the Investigating Officer went to the site & conducted necessary investigation. During the course of investigation Art. I axe was recovered at the instance of the appellant.
3. Upon completion of necessary investigation, charge sheet against the appellant was filed in the Court of Munsif and Judicial Magistrate, Galiakot The learned Magistrate, finding a prima facie case exclusively triable by the Court of Sessions, committed the appellant to the Court of Sessions Judge, Dungarpur. The learned Sessions Judge, chargesheeted the appellant for the aforesaid offence. He denied the charge and was tried. Twelve witnesses were examined by the prosecution to substantiate its case. Accused appellant in his statement under Section 313 of the Code of Criminal Procedure denied the allegations levelled against him. Two defence witnesses were examined to substantiate the defence plea that no axe was recovered from the accused.
4. Bhoora (DW 2) husband of Smt. Kamla and brother of the appellant appeared in the witness box to state that Smt. Kamla had informed him about her sustaining the injuries-because of her falling down. The learned trial Judge did not consider the case under Section 307 IPC proved. However, he held the appellant guilty for the offe(sic)ce under Section 326 IPC and passed the judgment under appeal.
5. I have carefully examined the record of the case and heard Dr.S.S. Bhandawat, lenrned Public Prosecutor for the State.
6. As stated above, Kamla has stated about Ratna going to her field and causing injuries with the sharp edged side of the axe to her. She has been corroborated by Ravji (PW 3), Roopa (PW 6) and Dhanji (PW 7) who had been the assailant causing axe injuries to her. Bhoora (PW 2) her father and Rassi (PW 4) her mother and Lalu had stated about Kamla lying in the held bleeding from the injuries. The medical evidence of Or. Kanak Mal Jain (PW 9) corroborated the testimony of the injured and the eye witnesses. It is relevant to note that Smt. Kamla had sustained as many as five incised wounds described as under:
(1) (a) Incised wound 6 cm x 1 cm x bone deep obliquely on left parietal region from above downwards and forewards 6 cm above left ear.
(b) Fracture left parietal bone in the floor of the wound the piece is elevated.
(2) (a) Incised wound 5 cm x 1 cm bone deep vertically on occipital region above downwards.
(b) Fracture of the occipital bone cutting the outer table of the wound in the floor of the wound.
(3) Incised wound 4 cm x 1 1/2 'cm x 2cm vertically on front of left shoulder 3 cm below acromion.
(4) Incised wound 4 cm x 1 1/2cm x 1 cm obliquely on outer side of left arm 5 cm above elbow.
(5) Incised wound 3 cm x 1 cm x 1 cm in dorsom of right hand at its middle.
7. Upon careful examination of the statements of the injured and the eye witnesses, it cannot be said that the prosecution has concocted a false case against the appellant. Hasband of Smt. Kamla, Bhoora (DW 2) has of course stated about Smt Kamla informing him that she had sustained injuries by a fall but (sic)ro suggestion has been made to Smt. Kamla or to any other witness in that regard The trend of cross-examination was that Smt. Kamla was a woman of loose character having intimacy with some Kanji. She denied the allegation. No defence witness has been examined to substantiate that plea.
8. In this view of the matter, there being cogent, convincing, unimpeachable evidence to substantiate the prosecution case and there being nothing to suggest that the appellant has been falsely implicated in the case, I do not find any error in the judgment of the learned trial Judge. However, in view of the young age of the accused and the facts and circumstances of the case, a lenient view is called for.
9. Consequently, the appeal is psrtly allowed. The conviction of the appellant for the offence under Section 326 of the Indian Penal Code is maintained but the sentence of four years RI is reduced to three years RI.