State vs Rizwan - Sc No. 12/2012 1/9 on 31 October, 2014
He also
placed reliance upon 'Shahbeg Singh vs State of Punjab 2008 (1) RCR (Criminal)'
wherein accused had faced trial u/s 307 as well as 326 and 323 r/w 34 IPC. It was
noted therein that "on perusal of operation note placed on the file, it transpired that
doctors operating upon the injured did not form any specific opinion that injuries were
dangerous to life and although, injuries in the said case were on abdomen, but doctor
who declared the injuries dangerous to life was not examined. It was observed that no
material was found as to what were the reasons for the doctor coming to conclusion
that injuries were dangerous. In these circumstances, appeal was partly accepted and
the impugned Judgment whereby the appellant was convicted u/s 307 IPC was set
aside and appellant/accused was convicted only u/s 323 and 324 r/w 34 IPC".