ARJUN YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dtd. 16/10/1998 passed by the 1 st Additional Sessions Judge, Bilaspur in Sessions Trial No. 474/1997, whereby and whereunder, after holding the appellant guilty for commission of offence punishable under Sec. 308 of Indian Penal Code to cause injuries by sword to complainant Sitaram, convicted him under Ss. 308 of IPC and sentenced him to undergo rigorous imprisonment for 3 years and fine of Rs.1000.00, in default of payment of fine, to further undergo rigorous imprisonment 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 an illegality.

(3.) Case of the prosecution, in brief, is that on 30/11/1996 at about 9- 10 PM injured Sitaram (PW-1) while he was sleeping in his house, the appellant along with the other co-accused armed with lathi and sword like object came there and told him to come out of his house. When he did not come out of his house then the appellants dragged out the complainant Sitaram (PW-1) from his house and assaulted with lathi as a result of which he sustained injuries on his head due to which he fell down and the blood was oozing from his head. Hearing the altercation, complainant's wife and his sister namely Sakura (PW-3) came there for intervening between them. Thereafter the appellants and other co-accused ran away from the spot. Sitaram (PW-1) lodged First Information Report (Ex.-P/1) in Police Station Tarbahar, Bilaspur. He was sent to Hospital for treatment, where Doctor C.M. Tiwari (PW-7) examined him and gave his report (Ex.-P/15), in which he found (i) a lacerated wound size 10cm x 1 cm x bone deep right fronto parietal region, swelling and tenderness and clotted blood was present. (ii) Blackness was found in the right eye of the injured because of clotting blood therein. Injured Sitaram (PW-1) was advised for Surgical Specialist and X-Ray of the head injury. Doctor R. Jeetpure took X-ray of the head of injured Sitara (PW-1) and gave his report (Ex.-P/3), in which he found fracture on frontal bone.