BALRAM @ BALIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against judgement and order dated 24.03.1999 rendered in Session Trial (ST) No. 42/1998 by IIIrd Additional Session Judge, Dewas, whereby the learned trial Court has convicted the appellant under Section 307 IPC and has awarded 3 (Three) years of rigorous imprisonment.

(2.) The prosecution case in brief is that on 05.01.1998 at about 9:15 PM when the complainant was coming back home and had reached near his Shanty situated near Kailash Gajra Gears, Devas, the accused came and hurled abuses and when asked not to do so, he took out a knife and assaulted him with intent to kill. He gave blows of knife at several parts of the body repeatedly and ran away. Mother, brother and sister of the complainant Ganga bai PW-3, Parbat Shinde PW-8, Sushila Bai PW-11 and neighbours Tulsiram PW-4, Vijay PW-5, Ramesh PW-7 and Shantilal PW-10 reached on the spot and saved Kailash. Brother Parbat along with mother Gangabai took him to the Police Station Kotwali, Dewas where Parbat lodged FIR Ex.P/11 which was deduced in writing by SHO Kailash Nahata PW-12. He registered crime number 20/1998 under Section 307 IPC, sent the victim Kailash to the District Hospital, Devas for medical examination and treatment. He investigated the case, visited the spot, prepared spot map Ex.P//12, seized blood smudged and plain soil from the spot vide seizure memo Ex.P/6, arrested the accused vide memo Ex.P/7, interrogated him Ex.P/8 and on his disclosure Ex.P/8; recovered a knife from his possession vide Ex.P/9.

(3.) Dr RK Sharma PW-2 examined Kailash and submitted MLC report Ex.P/11. He found 5 stab wounds on left scapula, left infra scapular region, mid auxillary line of lumber region and on iliac fossa. The condition of Kailash was critical; therefore, he referred him to MY Hospital, Indore for further necessary treatment. Dr. Sharma took out the blood smeared clothes of Kailash and handed them over to the police. IO Kailash Nahta, sent the knife seized from the accused/appellant to Dr. Sharma with a query as to whether the injuries of victim can be caused by this knife. Dr. Sharma replied the query in positive. After completing the investigation, the police filed the charge sheet.