BHAGWAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30th of June, 1994 passed in Sessions Trial No. 14/91 by the Additional Sessions Judge, Manendragarh. By the impugned judgment, the appellant has been convicted under Section 307, IPC and sentence to undergo imprisonment for life. On 26-3-90 at about 2.00 a.m., 4 victims namely- Bannu @ Banwas (P.W. 3), Sudarshan (P.W. 4), Teernath (P.W. 5) and Ganpat (P.W. 9) were sleeping at an open place in a Kirtan-Mandap on two different cots. The allegations are that the appellant came there with a farsa and rod and assaulted the above persons causing multiple serious injuries. Sudarshan (P.W. 4), Teernath (P.W. 5) and Ganpat (P.W. 9) became unconscious while they were sleeping, but Bannu @ Banwas (P.W. 3) got up and witnessed the incident. The matter was reported to the police. The victims were sent for their medical examinations. Following are the injuries sustained by the victims:-

(2.) The learned Sessions Judge, relying on the testimonies of the victims and considering their injuries proved by Dr. S.N. Suhane (P.W. 7), held that it was proved beyond all reasonable doubts that the appellant attempted lives of the above 4 victims, therefore, he was liable for punishment under Section 307, IPC, the appellant was, thus, convicted under Section 307, IPC and sentenced to undergo imprisonment for life.

(3.) Mr. Devesh Chandra Verma, learned Counsel appearing on behalf of the appellant, argued that out of 4 victims, 3 could not identify as to who assault them; the evidence of 4th victim namely- Bannu @ Banwas (P.W. 3) appears to be shaky. Therefore, conviction mainly based on the testimony of Bannu @ Banwas (P.W. 3) cannot be sustained. Alternatively, he argued on sentence and submitted that the appellant was aged about 19 years on the date of the incident; it is not a case of previous enmity; there was no bony injury to any victim; the appellant has suffered agony of trial for a very long period, therefore, he may not be awarded life sentence and the sentence should be suitably reduced.