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This appeal arises from the conviction and sentence passed against the appellant under Section 294(b) IPC to undergo rigorous imprisonment for 2 months, to undergo rigorous imprisonment for 1 year for offence under Section 332 IPC and rigorous imprisonment for 3 months for offence under Section 308 IPC.

2. According to prosecution, the accused criminally trespassed into the office of Krishi Bhavan and armed with knife (MO7) having made preparation to commit offences, abused PW7 Agricultural Assistant in obscene words in public and when PW8, who is another Agricultural Assistant, rushed to the scene, he was stabbed by the accused on several parts of the body. PW9, who was standing in the bus stop came running on hearing the cries and took away the knife from the hands of the accused. PW8 was taken to the hospital. F.I.R. was lodged by PW7 and, on investigation, charge-sheet  was laid against accused for offences under Sections 452, 294(b), 308 and 332 IPC.

11. It cannot be said that the offence under Section 332 is not attracted in this case. A reading of Section 332 IPC makes it clear that the said offence will be made out, if any person voluntarily causes hurt to a public servant in discharge of his duty, as public servant. It is not necessary to establish that he had intention to prevent or deter public servant from discharging his duty. Mere voluntarily causing hurt to a public servant in discharge of his duty as public servant is sufficient to attract offence under Section 332 IPC.

12. However, as per the medical evidence and evidence of the ocular witnesses offence under Section 308 IPC does not appear to be made out. Injured sustained 3 incised wounds. One is on the left side of his cheek. The other two injuries are on the left arm and left palm. No vital organs are affected by the injuries. The doctor has no case that those injuries are fatal in nature or that those are sufficient in the ordinary course of nature to cause death. It can only be said that the accused voluntarily caused hurt by means of a dangerous weapon and, hence, offence attracted will be offence under Section 324 IPC and under  Section 308 IPC. Thus, I find that prosecution established that the accused committed offences under Sections 294(b), 332 IPC and 324 IPC.

In the result, the following order is passed:

1) Conviction passed against appellant under Section 294(b) and 332 IPC are confirmed.

2) Appellant is found guilty of offence under Section 324 IPC instead of offence under Section 308 IPC.

3) The sentences passed against the appellant under Section 294(b) IPC and 332 IPC are confirmed.

4) The appellant is sentenced to undergo simple imprisonment for a period of two years and to pay a fine of Rs.10,000/- and in default to undergo simple imprisonment for two months for offence under Section 324 IPC. The sentences shall run concurrently. Set off is also allowed under Section 428 IPC.