SURENDRA PURI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 18/03/2016, passed by Sessions Judge, Shivpuri in Special Sessions Trial No.270/2014, by which the appellant has been convicted under Section 307 of IPC and has been sentenced to undergo the rigorous imprisonment of 7 years and a fine of Rs.10,000/- with default imprisonment.

(2.) The necessary facts for disposal of the present appeal in short are on 02/08/2014 at about 21:15, a FIR (Ex.P1) was lodged by complainant Akram Ali alias Kallu on the allegation that he is resident of Village Ludhabali. At about 06:00 pm, his brother Munna Khan had gone to the colony. After hearing noise of abusive language near the house of Yasmin, the complainant went there and found that appellant Surendra Puri was abusing his brother Munna Khan and was scolding as to why he use to visit the house of Yasmin. When his brother Munna Khan informed that Yasmin belongs to his caste and that is why he goes to the house of Yasmin, then on this issue, the appellant, who was having an iron pipe in his hand, started assaulting on the head of Munna Khan. Multiple blows on the head of Munna Khan were given. The incident was witnessed by the complainant as well as other witnesses named in the FIR and they intervened in the matter. Thereafter, the appellant extended a threat that in case, if a FIR is lodged, then he would kill. Munna Khan fell unconscious and accordingly, he was shifted to Trauma Centre, Shivpuri Hospital from where he has been referred to Gwalior. On the basis of said FIR, the police registered Crime No.264/2014 at Police Station Dehat, Shivpuri, District Shivpuri for offence under Sections 307, 294, 323, 506 Part II of IPC. The police recorded the statements of the witnesses as well as collected the medical documents of injured Munna Khan. The appellant was arrested and iron pipe was seized. The clothes of injured Munna Khan were seized. Blood stained and plain earth from the spot were also seized and after completing the investigation, the police filed the charge sheet for offence under Sections 307, 294, 323, 325, 506 Part II of IPC.

(3.) The Trial Court by order dated 08/12/2014 framed the charges under Sections 294, 307 in the alternative 323, and Section 506 Part II of IPC.