DEVCHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 5.3.1997 passed by Additional Sessions Judge Raipur in Sessions Trial No. 415/1996 convicting the accused/appellant for the offence punishable under Section 307 IPC and sentencing him to undergo RI for five years and pay fine of Rs. 1000, in default of payment of fine to further undergo SI for three months. Case of the prosecution in brief is that on 22.6.1996 FIR Ex. P-1 was lodged by injured Surendra Bairagi (PW-1) mentioning that he and Jitendra Bairagi (PW-2) are the real brothers and that there existed some dispute regarding a house between his family and that of the accused/appellant for which the matter was pending before the Rent Controlling Authority. It is alleged that on the date of incident when the accused/appellant was arranging tiles on the rooftop of his house, he and Jitendra Bairagi asked him not to do so and on account of that there was some altercation between the parties. Thereafter, it is alleged that the accused/appellant caused stab injury first to Jitendra Bairagi (PW-2) and then to him. Based on this report, offence under Section 307 IPC was registered against the accused/appellant. Surendra Bairagi (PW-1) was medically examined vide Ex. P-6 whereas Jitendra Bairagi (PW-2) vide Ex. P-7 on that day itself. After investigation, charge sheet was filed on 1.10.1996 for the said offence and then the Court below also framed the charge accordingly.

(2.) In support of its case the prosecution has examined 14 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge leveled against him pleaded his innocence and false implication in the case.

(3.) After hearing the parties, the Court below has convicted and sentenced the accused/appellant as mentioned in paragraph No. 1 of the judgment.