NARENDRA ALIAS RAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 29 -5 -1999 passed by the Sessions Judge, Rajnandgaon, in S.T. No. 187/ 98 convicting the accused/appellant under Sections 307 and 333 of Penal Code and sentencing him to undergo R.I. for 5 years and to pay a fine of Rs. 500/ - with default stipulation on each count.

(2.) As per prosecution case, on 3 -6 -1998 complainant Manilal, Head Constable, along with fellow constables had gone to the vicinity where the appellant was residing, in connection with enquiry in Crime No. 150/ 98 in relation to offence under Sec. 354 of IPC, there he asked the accused/appellant to accompany him to police station, on which the appellant allegedly refused to go with him and caused injury on his thigh by a Gupti (sword -cane). Immediately after the incident at 11.50 p.m., FIR (Ex. P/1) was lodged by Manilal, based on which offence under Sections 186, 189, 332, 307, 34 of Penal Code was registered against the appellant showing his name as Narendra Sweeper alias Ramesh Sweeper. The injured was got medically examined on 3 -6 -1998 by P.W. 6 Y. K. Tiwari vide Ex.P/7 who noticed one incised wound of serious nature over right thigh. After completion of investigation charge -sheet was filed against the accused/appellant and two acquitted accused persons namely Uday alias Rajendra Sweeper and Anil S/o Chandrashekhar Ragde under Sections 186, 189, 332, 307, 34 of IPC. However, while framing charge the trial Court framed charge against the accused/appellant under Sections 333 and 307 of Penal Code and against two accused persons under Sections 333/109 and 307/109 of IPC.

(3.) So as to hold the accused persons guilty, the prosecution examined as many as 11 witnesses. Statements of the accused persons were also recorded under Sec. 313 of Cr. P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence, they examined one witness.