Crl.A. 150 of 2006

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   IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 150 OF 2006

STATE OF HARYANA ..... APPELLANT

VERSUS

SHAMSHER SINGH & ORS. ..... RESPONDENTS

O R D E R

1. The respondents herein were prosecuted in the year  

1992 for an offence punishabloe under Section 307/34 of the  

Indian Penal Code.  The trial court convicted and sentenced  

them to seven years rigorous imprisonment.  An appeal was  

thereafter taken to the High Court and the High Court on a  

reconsideration of the evidence, particularly the medical  

evidence, holding that a case under Section 323 IPC only  

was made out, partly allowed the  appeal and reduced the  

sentence to that already undergone.  The conviction of the  

accused for the offence under Section 307 of the IPC was,  

accordingly, set aside.  This appeal is at the isntance of  

the State.

2. We have heard Mr. Rao Ranjit, learned counsel for the

Crl.A. 150 of 2006

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appellant,  State  of  Haryana  who  has  challenged  the  

acquittal of the respondents for the offence under Section  

307 of the IPC.  We have also perused the record.  The  

medical evidence of Dr. Gupta is to the effect that death  

could have been caused had the rope(the weapon of assault)  

been pulled in a harsh manner and with excessive force.  

We, however, see that the injury, a simple one, clearly  

rules out the use of excessive force.  The offence under  

Section 307 of the IPC was not made out.  The High Court's  

opinion is, therefore, correct.

The appeal, accordingly, stands dismissed.

........................... J

      [HARJIT SINGH BEDI]

........................... J

      [CHANDRAMAULI KR. PRASAD]

NEW DELHI OCTOBER 27, 2010.