SHATRUGHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 30-8-1996 passed by Additional Sessions Judge, Bilaspur in Sessions Trial No. 236/1992 convicting the accused/appellant under section 307 IPC and sentencing him to undergo rigorous imprisonment for four years and pay fine of Rs. 1000/-, in default of payment of fine to further undergo imprisonment for one month. Facts of the case in brief are that on 22-2-1992 at about 1.45 p.m. Dehati Nalisi Ex. P-1 was recorded at the instance of injured Gendaram alleging that on that day at about 9.45 a.m. on seeing the fractured leg of his he-goat when he started hurling abuses at the person responsible for this act, accused/appellant asked him as to whom he was abusing and that he would take out his eye. On this, he told the accused/appellant that he was not abusing him and how he would take out his eye. At that very time, mother of the accused/appellant namely Savitri Bai also appeared on the scene and then both of them threatening to finish him took him to the courtyard of one Gulab Singh who happened to be the uncle of the accused/appellant, by dragging. Thereafter, accused/appellant with an intention to cause his death assaulted him on his neck with razor (Astura) which resulted in bleeding. It is alleged that when he tried to evade the second blow, the razor fell on his head causing bleeding. Even thereafter, the accused/appellant dealt several razor blows on various parts of his body such as waist, back and stomach. Based on this Dehati Nalisi Ex. P-1, FIR Ex. P-10 was registered against the accused/appellant herein, Savitri Bai, Ashok Yadav, Santosh Thakur and Bimla Bai Thakur for the offences punishable under sections 307, 147, 148 and 149 IPC and after completion of investigation, charge-sheet was filed by the police on 7-5-1992 for the said offences. However, Court below framed the charge against accused/appellant herein under section 307 and against other accused persons namely Savitri Bai, Ashok Yadav, Santosh Thakur and Bimla Bai Thakur under section 307/34 IPC, only.

(2.) In support of its case, prosecution has examined 09 witnesses. Statements of the accused persons were also recorded under section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.

(3.) After hearing the parties, the Court below has acquitted the other accused persons of the charge levelled against them but convicted and sentenced the accused/appellant herein as mentioned in paragraph No. 1 of this judgment.