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| Court convicts accused, sentences for three months imprisonment | | | Jammu, November, 8-
Second Additional Sessions Judge Jammu A.K Koul convicted and sentenced Lal Chand S/o Hari Ram R/o Malpur for three months imprisonment after facing trial for 9 years.
According to the police case that on October 7, 1997 injured Sultan Ali, in his statement recorded by the police Domana in the hospital stated that when he was returning back from the school where he had gone to drop his children, the accused carrying ‘Dharat’ met him on the way and asked him to bow down. When he protested, the accused gave a blow with the ‘Dharat’ on the left side of his face and another blow on his left arm. He fell unconscious, and was admitted in the hospital and discharged on October 24, 1997.
Second Additional Sessions Judge after hearing the Additional Public Prosecutor Mr. Ravinder Sharma is appearing for the State and Advocate MM Gupta appearing for the accused and considered the record and statements of witnesses observed that no enmity is established between the accused and injured. No motive for the crime is manifest so the court is of the view that it is not the case u/s 307 RPC (attempt to murder) but it must fall u/s 326 RPC (serious injuries) so accused is held liable for commission of offence u/s 326 RPC and is accordingly convicted. As per the charge u/s 4/27 Arms Act, Court said that the weapon of offence used by the accused in the commission of crime is a ‘Dharat’, a tool more than a weapon usually found is every household and used in agricultural activities. It is normally neither a weapon of offence nor a defence, so its possession must not be an offence and so may not attract the Arms Act and the accused is acquitted from the charges of 4/27 Arms Act. The accused convicted u/s 326 RPC and sentenced him to imprisonment for a period of three months and fine of Rs 500/- only. JNF
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