PANCHRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted. The accused has filed the present appeal challenging his conviction and sentence. The impugned judgment of the High Court dtd. 11/10/2018 is under appeal vide which judgment and order of sentence dtd. 30/5/2000 passed by the Trial Court was upheld. The conviction and sentence of the appellant is as under:

(2.) The case of the prosecution as is evident from the F.I.R. is that on 4/5/1999 at about 7.15 P.M. when the complainant Salikram was returning back from pond after taking bath, near the barn of Prasanna Kumar, the appellant stopped him, abused and threatened him to kill. Rajkumar alias Munna (PW 6) was also with him. The appellant caused injuries on the left side of his abdomen and left thigh with scissors. The appellant had doubted that the injured had illicit relations with his wife.

(3.) The argument raised by the learned counsel for the appellant is that it is a case of sudden fight with no intention of the appellant to cause any injuries to the complainant. The injuries are also not serious which could cause death. There is no weapon as such used. The allegation is only scissors was there. In fact, the appellant was doing the work of tailoring. Many times, he just carries the scissors. The fight was on account of the fact that the complainant was having an evil eye on the wife of the appellant. He had even admitted this fact in his cross examination. In these circumstances, if there was sudden fight, it cannot be said to a case in which mens rea is there. He also referred to a document placed on record in the form of a compromise deed dtd. 30/4/2019 between the parties.