LAKHANLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal assailing the judgment of conviction and order of sentence dated 13.06.1997 passed by the VIIth Additional Sessions Judge, Raipur in Sessions Trial No.391 of 1996, whereby and whereunder the trial Court after holding the appellant guilty for attempt to murder of Dharam, convicted him under Section 307 of the IPC and sentenced him to undergo R.I. for 7 years and to pay fine of Rs.1,000/-, in default of payment of fine to undergo additional S.I. for 6 months.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, on 23.06.1996 at about 9.45 p.m., Narayan Giri (PW-8) was present in the house, at that time, Leela Bai (PW-9), mother of injured Dharam, came and told him that appellant Lakhan had inflicted blows by Barber Razor (Ustara) on Dharam's throat. He went to Dharam's house and found him in a pool of blood. He immediately rushed for medical aid and reported the incident at Police Station, Ganj, District Raipur. Firstly, police had written the Rojnamcha Sanha, thereafter, lodged FIR vide Ex.P-9.