KASHMIR SINGH Vs. STATE OF MP

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 3/7/2003 passed by learned Special Judge and Additional Sessions Judge, Guna in J. Session trial No, 88/2001 convicting the appellant No. 1 -Kashmir Singh under section 307 of IPC and appellant No. 2- Suresh Singh under section 307/34 of UPC and thereby sentencing them to suffer rigorous imprisonment of five years and fine of Rs. 1,000.00 and in default to suffer further rigorous imprisonment of one month each, this appeal has been preferred by the appellants under section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that on 8/11/2000 Balisingh went to police station Cant, District Guna and lodged a report that Kashmir Jat and his family members were having enmity with the complainant party and on account of several cases, the complainant left the village Richhora and has started residing at Ashoknagar. On the date of incident viz. 8/11/2000 this Balisingh alongwith his father, namely, Ajmer Singh (hereinafter referred to as the injured) was going to Ashoknagar in a bus No. MP-08 F-8859 and both of them were sitting on the front side of the seat of bus. The bus after travelling upto certain distance when stationed nearby the INcome Tax Office, these persons noticed that the appellants are also sitting on a seat in the bus. These two persons thought that appellants may quarrel with them, as a result of which, they tried to alight from the bus. However, at that juncture, appellant No.2- Suresh Singh insisted appellant No. 1 - Kashmir Singh to cause fire, as a result of which, appellant Kashmir Singh caused katta fire resulting into injury on the abdominal region of the injured. The blood started oozing from the wound and in between, both the appellants ran away from the bus.

(3.) On lodging of the First Information Report, the criminal law was triggered and was set in motion. The investigating agency sent the injured for medical treatment as well as to obtain his MLC report; the spot map was prepared; blood stained clothes were sent for chemical examination; statement of the witnesses were recorded; appellants were arrested and at the instance of appellant Kashmir Singh, a katta, which was used as a weapon in commission of the offence, was seized.