MANOHAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C"?) against the judgment dated 03/07/2000 passed by Additional Sessions Judge, Khachrod, District Ujjain, in Sessions Trial No.22/98, whereby the appellant has been convicted for offence punishable under Sections 307, 324, 506-B of IPC, 1860, sentenced to undergo 7 years, 6 months and 6 months R.I, and fine of Rs.1000/-, Rs.250/-, Rs.250/- respectively with usual default stipulation.

(2.) Brief facts leading to filing of the case are that complainant-Sajjanbai was residing at village Bheelsura and appellant-Manoharsingh, who is their relative was living opposite to their house. Ten days before the alleged incident, the appellant brought a woman to his house who belongs to his descent (gotra). Therefore, on 20/07/1997 complainant's husband Bharatsingh explained the appellant that what he has done was not a good act. Thereafter the appellant hurled abuses upon the complainant and Bharatsingh. Complainant tried to convince the appellant, however, he went to his house, came out armed with Dhariya and started hurling abuses. At that time complainant's son-Meharbansingh came out and stopped him from hurling abuses, then the appellant assaulted Meharbansingh with Dhariya due to which he sustained injury on his shoulder. Again appellant gave a dhariya blow on Mehrabansingh's head. Complainant went in rescue therefore, her finger got cut. Further allegation is that the appellant assaulted the complainant's husband " Bharatsingh also. Complainant along with her husband and son went to Police Station Nagda immediately and filed complaint. On the basis of which FIR bearing Crime No.260/1997 was registered against the appellant for offence under Sections 324, 294, 307, 506 of IPC, 1860. Injured persons were sent to hospital for medical treatment.

(3.) During investigation Police reached the spot and prepared spot map, seized blood stained earth and plain earth, recorded the statement of the witnesses, arrested the appellant and at his instance, recovered Dhariya from his house. After completion of investigation, charge-sheet was filed against the appellant for offence under Sections 307, 324 and 506-II of IPC, 1860 before the Judicial Magistrate First Class, Kachrod, District Ujjain who committed the case to the Court of Additional Sessions Judge, Ujjain.