RAMSAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against impugned judgment of conviction and order of sentence dated 29-4-98 passed in Sessions Trial No.167/97 by the 2nd Additional Sessions Judge, Raigarh whereby the appellant has been held guilty of commission of offence as described below :

(2.) Prosecution story, as unfolded from the records of the case is that on 8-6-97, the appellant and the victim-Ramnath (PW 1), who are brothers, were sitting in the veranda and consuming liquor. During that time, certain words were uttered by the victim. It is said that there were abuses hurled and then the appellant picked up axe and gave a blow on the neck of the victim resulting in incised wound. The incident was reported to the police. Victim-Ramnath (PW1) was sent for medical examination and treatment. He was examined and treated by Dr. Basant Singh (PW 6), FIR was lodged in the police station by Umesh Singh (PW 2), son of the victim. On the next day, i.e. on 9-6-97, offence under Section 307, IPC was registered against the appellant. Upon completion of investigation, charge-sheet was filed. The appellant was charged of commission of offence under Section 307, IPC which he denied having committed. So, he was put to trial.

(3.) In order to prove its case, the prosecution examined,in all, seven witnesses and thereafter, the appellant was examined under Section 313, Cr. P.C. in respect of the incriminating circumstances appearing against him in the evidence led by the prosecution. No defence witness was examined.