RAM KUMAR GOUTAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Raj Kumar Goutam has been convicted under Section 307, I.P.C. and sentenced to rigorous imprisonment for ten years and to a fine of Rs. 1,000/-.

(2.) It is submitted on behalf of the appellant that on the basis of the evidence adduced by the prosecution the offence under Section 324, I.P.C. alone is made out. It is further submitted that complainant Krishnakumar Turkar (PW-8) and the accused had submitted an application under Section 320, Cr. P.C. before the trial Court for permission to compound the offence. It is further pointed out that Krishnakumar Turkar (PW-8) in his deposition in para 4 has stated that he has entered into compromise with the accused subject to the approval of the Court and therefore, the act of the accused should be condoned.

(3.) The evidence on record has been examined in light of the submissions made on behalf of the appellant. Krishna Kumar Turkar (PW-8) has deposed that he was Field Officer in the State Bank of India and accused Ram Kumar Goutam was Cashier-cum-Clerk in the same branch. On 21-5-1994 at 8.00 a.m. he was going to meet the Manager of the Bank at his residence. On his way the accused met him and abused him. He caused injuries to him by a Lathi and then dealt a knife blow on his abdomen. He became unconscious. He lodged the report (Ex. P/15) at the police station. He was examined by Dr. Mahendra Kumar Ahirwar (PW-7). He has deposed that he found an incised wound over abdomen 1.5" in length and 1/4 cm wide. It was skin deep. He also found two contusions on his left knee and right leg. His report is Ex. P/10. He has described injury No. 1 as grievous. In para 8 of his deposition he has stated that the injury No. 1 i.e. the incised wound was not sufficient to cause death, but the death could result from the neurogic shock as a result of this injury. In cross-examination he has stated that the patient was discharged from the hospital on 23-5-1994. Thus, he remained in the hospital for two days.