JUDGMENT 1. - This is an appeal against the judgment passed by learned S.J., Bharatpur convicting the appellant Bachu Singh under Sec. 307 IPC and sentencing to seven years' rigorous imprisonment and a fine of Rs. 500/- in default of payment of fine, to further undergo six months' regorous imprisonment. 2. Case started on a report lodged on 11th April, 1988 by one Subhash at Police Station Kotwali wherein he had alleged that on 11th March, 1988 when he and his mother had gone for doing labour leaving his sister Sharda aged 14 years, who had gone to latrine. At that time accused Bachu Singh came and opened the gate of the latrine and started teasing his sister. When she objected he gave her a knife blow. Case was registered for offences under Sections 307 and 354 IPC. After investigation the case was challenged for the aforesaid two offences. Learned S.J. framed the charges for offences under Sec. 307 read with Sec. 324/326 and 354 IPC. After trial, the learned S.J. acquitted the accused of offences under Section 354 IPC and did not believe the story of outraging the modesty. He, however, found that the injury was caused by the accused to Mst. Sharda and that he has convicted and sentenced him as indicated above. 3. When the bail application, which has been filed alongwith this appeal, came up for hearing, after hearing for some time the court was of the opinion that the whole case can be disposed of at the stage of bail application. Thereafter, after hearing the bail application, the court sent for the report of the District Probation Officer, Bharatpur. 4. I had heard the arguments in detail on 23-10-89 and prima facie was of the opinion that the case was one which would fall under Sec. 324 IPC looking to the statement of the witnesses and if that be so then accused was entitled to the benefit of sec. 360 Cr.P.C. for that, as stated above, the Court had sent for the report of the District Probation Officer. 5. In the instant case Dr. 360 Cr.P.C. for that, as stated above, the Court had sent for the report of the District Probation Officer. 5. In the instant case Dr. G.K. Mathur, who had performed the operation, has stated that it is not within his knowledge whether the injury was examined by Medico Legal Jurist before and after his doing operation and he admitted the suggestion that the injury, type of which the injured has sustained is not dangerous to life in all cases while in examination in chief, he has stated that the injury was sufficient to cause death in the ordinary course of nature. Thus, there is a contradiction in his own statement. Almost the similar contradiction is in the statement of Dr. Bhopal Singh (P.W. 8). 6. Looking to the statement of both the witnesses, I am of the opinion that it would be too risky to maintain the conviction of the accused appellant for offence under sec. 307 IPC but since the evidence against the accused is of sterling worth of causing injury, I deem it proper to convert his conviction for offence under sec. 324 IPC from that of Sec. 307 IPC. Accordingly, the conviction of the accused is altered from offence under sec. 307 IPC to 3 4 IPC. 7. Admittedly, the accused was below 21 years of age at the time of commission of the crime as well as at the time of passing the judgment, therefore, thought it proper, as stated above, to sent for the report of the District Probation Officer. The District Probation Officer has sent a very detailed report wherein he has stated that the character of Bachu was not bad and the incident took place in impulsive mood. The accused is also married and the District Probation Officer has recommended his case for being given the benefit of Probation of Offenders Act. Besides this he has been acquitted for offence u/s 354 IPC. I, the before, accept the report and consequently instead of passing sentence, direct that the accused shall be released forthwith, if he enters into a bond of Rs. 500/- with one surety in like amount to keep peace and be of good behaviour for a period of two years. The accused is in jail and he shall be released forthwith on his executing the bond. Information of the judgment shall be sent to Superintendent, District Jail, Bharatpur immediately. *******