JUDGMENT 1. - According to the complainant at about 8.00 a.m. he was sitting with Ram Charan son of Kishan Lal Dhakar resident of Sarola at his residence. At that time Gordhani Bai went for taking water from hand pump and to collect the fodder. Shankar Lal son of Magi Lal bearing axe in his hand was coming towards his house when Gordhani Bai was operating hand pump. With the intention to kill the Gordhani Bai as there was dispute regarding the land between them he inflicted the injury on the neck of the Gordhani Bai and ran away. 2. Immediately after this incident the complainant and the Ram Charan Dhakar carried the injured Gordhani Bai to police station. On the oral information given by the complainant the case was registered under Section 307 IPC and the investigation was started. 3. After the investigation a challan under Section 307-326-323 was filed before the Court of Judicial Magistrate Khanpur. 4. After framing of charge the case was committed for trial to the Sessions Court Jhalawar on 8.1.96. 5. The Sessions Judge Jhalawar hearing the Public Prosecutor as well as the Advocate for the accused on the charges framed the charge under Section 307. The accused denied the charge and requested for trial. 6. During the pendency of the trial the SHO Sarola Kala informed on 5.10.95 vide Ex.19 that on account of the injury inflicted by the accused on 15.7.95, the Gordhani Bai during the course of treatment in the Maharao Bhim Singh Hospital Kota at about 2.00 p.m. has expired. The post mortem was conducted at Jhalawar. 7. On 2.12.95 the supplementary chargesheet has been filed under Section 302 and was committed to the Court of Sessions Court. Again the arguments on the charge were heard on 19.3.96 and the charge under Section 302 was framed against the accused and the same was communicated to the accused but he did not accept the charge under Section 302 and requested for trial. 8. The Sessions Judge Jhalawar after hearing the arguments of the Public Prosecutor as well as the Advocate of the accused framed the following points for consideration: 9. The injury inflicted by the accused on Smt. Gordhani Bai wife of Mohan Lal daughter of Ram Nath by caste Mali resident of Sarola by the accused is fully proved. 8. The Sessions Judge Jhalawar after hearing the arguments of the Public Prosecutor as well as the Advocate of the accused framed the following points for consideration: 9. The injury inflicted by the accused on Smt. Gordhani Bai wife of Mohan Lal daughter of Ram Nath by caste Mali resident of Sarola by the accused is fully proved. The injury inflicted by the accused is corroborated by the medical report and also by Dr. Sharad Chand Vijayvargiya PW1 and Dr. Nagesh Joshi PW 5. But the conflict is with regard to the opinion by Dr. Sharad Chand Vijayvargiya and Dr. Nagesh Joshi that whether this injury is sufficient to cause death or not. But the injury was inflicted with the intention and motive as the dispute regarding the land and the cases were pending between the deceased and the accused. 10. The description of the injuries is also given in the report submitted by Dr. Sharad Chand Vijayavargiya, which are as follows : 11. Dr. Nagesh Joshi PW 5 expressed the opinion regarding the cause of death from Septicemic Shock and also observed the fracture in the 8th bone of the neck and this injury itself is sufficient to cause death. But in the initial stage due to this injury on the neck the deceased suffered from paralysis and both the doctors does not dispute the probability regarding death. 12. There were minor contradiction between FIR and the statement of PW 16 but there was no material contradiction in the statement of PW 16. The axe was recovered from the residential house of the accused Shankar Lal and the recovery of the axe was fully proved by the PW 7. The dispute regarding land is also established between the deceased and the accused as some cases are still pending. 13. Upon careful perusal of the statement of Dr. Nagesh Joshi and Dr. Vijayvargiya, it is no doubt that the injury inflicted by the accused can cause the death as the injury was inflicted on the neck and immediately after receiving this injury deceased was paralysed and during the course of treatment the deceased on account of the paralysis also lost the control over the urinal organs. And on account of the secondary changes and on account of the Septicemic Shock Gordhani Bai has expired. 14. And on account of the secondary changes and on account of the Septicemic Shock Gordhani Bai has expired. 14. The Sessions Judge Jhalawar after considering all facts, statements, documents and the medical report has rightly arrived on the conclusion that the offence committed by the accused is fully proved under Section 304 Part II of IPC and was punished for 7 years imprisonment with Rs. 2000/- as fine and on account of non payment of fine the accused have to undergo six months simple imprisonment. 15. Learned counsel for the accused does not want to argue on the merit and only submit that looking to the age and the sentence undergone for about 5 years and only 7 years imprisonment was awarded, the accused may be given the benefit of the undergone. 16. Having heard learned counsel for the accused as well as the learned PP and after going through the record of the case and the judgment passed by the Sessions Judge Jhalawar as well as the statement of the witnesses and the medical report, I am of the considered view that the finding given by the Sessions Judge Jhalawar is absolutely just and proper and no interference whatsoever is required by this Court. 17. Keeping in mind the facts and circumstances of the case, coupled with the age of the accused and the fact that he had already undergone substantive part of the sentence i.e. 5 years out of 7 years, I deem it proper that ends of justice would be met if the accused is sentenced to the period already undergone by him. Ordered accordingly. The accused be released forthwith, if not needed in other case. 18. The appeal, accordingly, stands partly allowed.Appeal Partly allowed. *******