SHIV PRASAD RAJWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SHRI Manoj Mishra, learned Counsel for the Appellant at the very outset submitted that he does not assail the impugned judgment dated 16.04.90 passed in Sessions Trial No. 88/88 by the Sessions Judge, Ambikapur, on merits but would argue only on the question of sentence. As a result of submission made above, this appeal was heard only on the question of sentence.

(2.) BRIEF facts are that the Appellant is brother-in-law of Kendi Bai, P.W. 7 aged about 45 years. Jogendra Prasad is the son of Kendi Bai. The Appellant was annoyed since Jogendra Prasad had cut the bund of the agricultural field. Annoyed by this, on 16.08.1987, the Appellant went to the house of Kendi Bai and assaulted Kendi Bai thrice with an iron rod on the head. At that time Kendi Bai was carrying her small child in the arms. She attempted to prevent the assault by her right hand as a result of which, her right index finger got amputed. Due to repeated assaults by the iron rod, Kendi Bai sustained three lacerated wounds on the frontal region of the scalp from right to left in size 2.5 cm. * 0.25 cm. * skin deep, 10 cm. * 0.5 cm. * bone deep and 12 cm. * 0.5 cm. * muscle deep with blood oozing from the wound. Kendi Bai was hospitalized till 5.9.1987. It was opined by Dr. P.C. Deshmukh P.W. 1 that the injury sustained by Kendi Bai was dangerous of life and if not treated timely could have resulted in her death.

(3.) DURING the course of this appeal, only an affidavit purporting to be sworn by Kendi Bai and bearing her thumb impression was filed in the Registry on 23.01.2002 stating that after the death of her husband, she was wholly dependent upon the Appellant, and therefore, wanted to compound the offence. Neither an application was filed by Kendi Bai nor did she appear before the Court.