BHARAT RAM Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal, the appellant challenges his conviction and the sentence awarded to him in Sessions Trial No. 295/90 by the learned Second Additional Sessions Judge, Ambikapur dated 4-12-99 convicting the appellant under Section 307, IPC and sentencing him to R.I. for five years. The prosecution case in brief is that due to old enmity between original complainant Ram Manik (P.W. 5) and the present appellant Bharat Ram, the present appellant after accosting him caused injuries by means of Tabbal on 12-6-91 at about 11 p.m. The matter was reported to the police fay P.W. 4 Sukh Saran Singh on 13-6-91 at about 2.30 p.m. and Crime No. 398/91 was registered against the present appellant.

(2.) After registering the report, the police took cognizance of the matter, referred the victim/injured to the hospital where his injuries were examined, repaired and he was provided the medical assistance. The weapon of offence, as alleged, was discovered at the instance of the accused and, thereafter the statements of the witnesses were recorded. Finding that a case is made out for conviction of the appellant under Section 307, IPC, the police filed the challan before the Competent Court. The learned Trial Court framed the charges, gave proper opportunity to the parties to lead evidence and after hearing the parties convicted and sentenced the appellant as referred to above.

(3.) The learned counsel for the appellant submits that the victim Ram Manik, who is facing a prosecution under Section 326, IPC on a repprt lodged by the present appellant to encash the enmity has falsely implicated the appellant, though in fact, the appellant was not the assailant. The wife and the daughter of the complainant, who in fact were not the eye witnesses, were projected as such and in any case, the present is not a case falling under the mischief of 307, IPC but is a case falling within the purview of Section 323, IPC looking to the statement of the doctor, who had clearly stated that all the injuries suffered by the complainant were simple in nature.