SANTOSH Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the judgment dated 8-8-2007 passed by Special Judge, Bhind in Case No. 31/2006, whereby the appellant was convicted for offence punishable under Sections 323/34, 324/34 of IPC and fine of Rs. 3,000/- was imposed with default stipulation, the present appeal has been filed.

(2.) Case of prosecution was that on 3-11-2005 at about 5.30 p.m. the appellant alongwith other co-accused came to the house of the complainant and requested him to allow them to play cards in his house, but the complainant refused for the same. Thereafter, the appellant alongwith other co-accused person armed with Axe, Lathi and Knife came to the house of the complainant, wherein the complainant alongwith his Aunty Munnidevi were sitting near the door. The appellant alongwith other co-accused person started beating the complainant and his Aunty with the help of Axe, Lathi and Knife. Due to which Munnidevi lost her one hand and sustained grave injuries as well as the complainant also sustained injuries. Case was registered against the appellant. After framing of charge and recording of evidence, appellant was convicted as stated above, against which the present appeal has been filed.

(3.) Learned Counsel for appellant argued at length and submits that appellant was convicted illegally while appellant has not committed any offence. Learned Counsel submits that the learned Court below committed error in not properly appreciating the evidence which resulted incorrect judgment and is liable to be set aside in this appeal. It is submitted that the learned Court below committed error in not considering material omissions and contradictions appearing in the testimony of the prosecution witnesses. It is submitted that in view of the aforesaid facts the appeal filed by the appellant deserves to be allowed and the judgment of conviction deserves to be set aside.