VIKKI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the appeals are against the judgment dated 28.08.1999 passed by the First Additional Sessions Judge, Durg, in S.T. No.178 of 1996 whereby the appellants have been convicted under Section 307 and further under Section 307 read with Section 34 of I.P.C. and were sentenced to 5 years Page 2 R.I. and fine of Rs.1000/- and in absence of payment of fine, 6 months further R.I. was ordered.

(2.) As per the prosecution case, the complainant Gurudeep Singh was running a STD, PCO in front of place known as Om Parisar at Durg. Before the date of incident, on 20.08.1995 some quarrel took place with the complainant and that of Babbey @ Genrail Singh (A-1) and Vicky @ Ajit Rai (A-2); therefore, they were enraged to take revenge. Therefore, on 20.08.1995 while Gurudeep Singh was sitting in a shop, at that time, Babbey @ Genrail Singh (A-1) and Vicky @ Ajit Rai (A-2) reached there, started quarreling and extended the threat that in the evening he would be attacked. The complainant Gurudeep Singh informed this fact to his brother Bhagat Singh, however, he advised him not to lodge any report. On the same day, at about 8 p.m., while Gurudeep Singh was sitting at his STD PCO, at that time, the accused Babbey @ Genrail Singh (A-1), Vicky @ Ajit Rai (A-2), Vinod Malviya (A-3) and Harprit Singh (A-4) along-with 8-9 persons came there to take the revenge. At that time, two of the friends of complainant were also sitting alongwith complainant and looking to situations they intervened in the matter to settle the dispute of complainant, thereafter, the accused went away from there. After some time, all the accused again came to the shop and asked the complainant to come out of the shop. The moment, the complainant Gurudeep Singh came out of the shop, all the accused started beating him and Babbey @ Genrail Singh stabbed him by Knife at his abdomen and on the chest and when he cried for help at that time his sister Seema, Sudhir Gupta and others came there and after seeing them, the accused fled away from the seen. The injured Gurudeep (PW-6) was taken to a private Hospital by his sister Seema (PW-8) and one Sudhir Gupta (PW-11). He was primarily treated there and subsequently the injured was taken to the District Hospital wherein he was examined by Dr. Prabhat Pandey (PW-13) and thereafter he was referred to Sector-9 Hospital for further treatment. At Page 3 Sector 9 Hospital complainant was operated and report was given. While the deceased was being treated in the Hospital, an FIR was lodged by the brother of the complainant Bhagat Singh (PW-5) and case was registered under Section 307 read with Section 34 of I.P.C. After the incident, one of the accused, Babbey @ Genrail Singh absconded and thereafter he was arrested on a later date and on his memorandum, the weapon which was used in the offence was recovered by Ex.P-4. Different cloths which were seized were subjected to FSL and the document of treatment i.e. bed- head ticket of Sector-9 Hospital, Bhilai were seized by Ex.P-7. Thereafter, the investigation and statements were carried out and charge sheet under Section 307 read with Section 34 of I.P.C. was filed.

(3.) During the course of trial, the appellants/accused abjured their guilt and claimed to be tried. The prosecution in support of their case had examined as many as 18 witnesses and as appears no evidence was adduced on behalf of the accused. The learned trial Court after evaluating the evidence has convicted the accused/appellants as aforesaid, therefore, the instant appeal.