BHAYYU @ DEVENDRA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27 -2 -1986 passed by the 1st Additional Sessions Judge, Ujjain in Sessions Trial No. 206185, whereby the appellant has been convicted under S. 307 I.P.C. and has been sentenced to Rigorous Imprisonment for three years.

(2.) ACCORDING to the prosecution, it was about 6 p.m. on 24 -8 -1985 that Sudhir (P.W.1) aged 19 years was passing by the Mahakal Ghati, Ujjain. The appellant attacked him with a knife causing three injuries to him. "At the relevant time the victim's friends Jamalu (p.W.2) and Kishore (P.W.3) were with him. When the appellant had left the place, they had taken the victim to the Police Station, Mahakal, Ujjain. There Sudhir (p.W.1) lodged a report of the occurrence and on its basis a crime under S. 324 and other sections of the I.P.C. was registered (Vide Ex. P/l) and investigation was set a foot.

(3.) THE victim was sent for medical examination. Dr. Hanskumar Choube (P.W.9) examined Sudhir on 24 -8 -1985 and found incised injuries.