LAW FOR ALL

We are unable to accept the contentions of the counsel for the appellant that the evidence against the appellant is similar to the evidence against acquitted accused. We have already noted that the acquitted accused did not assault the informant but has allegedly instigated. The evidence of PW-1 & PW-4 as inconsistent in that regard, inasmuch as PW-4 has not deposed about instigation. Hence the appellant cannot be given the benefit of acquittal as was given to Deven Yadav. However, having regard to the totality of the facts and circumstances of the matter and the material on record, it is clear that the accused- appellant did not make any attempt to commit murder of the informant. The incident has taken place on the spur of the moment as the informant had objected the appellant from cultivating the land which is adjoining his house. Hence the offence, committed by the appellant would come under Section 326 of the IPC. Learned counsel for the appellant submitted that the appellant is more than 72 years of age and leniency may be shown in his favour by way of imposing lesser sentence. The injured had sustained the compound fracture of forearm. Keeping in mind the aggravating and mitigating circumstances and in the interest of justice, the appellant should be sentenced to undergo simple imprisonment for one year and to pay fine of Rs.50,000/-.