SANAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE Appellant stands convicted under section 302 and 324 of the Indian Penal Code to life imprisonment and two years rigorous imprisonment respectively. Fine has also been imposed upon him of Rs. 3000/ - for the former offence with directions to undergo three months further simple imprisonment in the event of failure to pay fine. The sentences have been directed to run concurrently as ordered on 20.11.1998 by the Additional Sessions Judge, Rajnandgaon in Sessions Trial No. 176 of 1993.

(2.) THE FIR, (Exhibit P8) was lodged on 8.5.1993 at 11.15 pm with regard to an occurrence at 8:00 pm the same day, by the Kotwar Babulal (PW -6). The Appellant was alleged to have assaulted Sidhnath (PW -1) and his wife deceased Lallibai over a dispute with regard to filling water between the sister of the Appellant and the deceased.

(3.) THE MLC of the deceased Lallibai (Exhibit P -5) proved by PW -5, Dr. L. K. Rao noticed incised wound on the left side lower region of stomach transverse 1 cm X 1/2 cm and an incised wound on the left side forearm caused by hard and sharp object. The MLC of PW -1, marked (Exhibit P -6) also by PW -5 showed incised wound over and above umbilicus 1 cm X 14 cm with "omentum" protruding from wound.