GAMBHIR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) On the consent of both the parties, this case is heard finally.

(2.) This criminal appeal u/s 374(2) Cr.P.C . has been filed by the appellant being aggrieved by the judgment dated 03.12.2013 passed by learned Sessions Judge, Burhanpur in Session Trial No. 50/2010 whereby the Sessions Judge convicted the appellant for the offence punishable u/s 326 of IPC and sentenced him to undergo RI for 8 years with fine of Rs.5,00,000/-. Default stipulation of two year's R.I. has also been imposed by the trial Court.

(3.) As per prosecution case, on 10.06.2010, on account of previous dispute, the appellant assaulted the complainant/victim with axe on her back and thigh. Thereafter, the victim has been hospitalized at District Hospital Khandwa, subsequently referred to M.Y. Hospital, Indore. The medical report of victim is exhibited as Ex. P-3.