GANESHRAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment of III Additional Sessions Judge, Sagar, delivered on 30th December, 1989, in Sessions Trial No. 159/90, whereby accused appellant Ganeshram was convicted under section 307, IPC, and sentenced to seven years' RI alongwith fine, while co accused Asman was acquitted of the charge under section 307 read with section 34, IPC.

(2.) BOTH complainant Alok Sahu (PW 4) and accused Ganeshram were students studying in the same university. They were very well known to each other. Some time before this incident, there was a quarrel between the accused and complainant Alok Sahu in which there was an exchange of abuses. According to the complainant, this happened 3 4 months prior to the present incident. Alok Sahu (PW 4) stated that after the earlier incident, there was a reconciliation between them in which they had both apologized to each other. Thereafter, their relations had become normal.

(3.) ) was returning home from the bus stand. His friends Motilal, Heeralal and Ganesh had also joined him. These three persons stopped at the wayside pan shop while Alok Sahu proceeded ahead. A short distance later, accused Ganeshram and acquitted accused Asman stopped him and started abusing him. Alok Sahu protested. Accused Ganeshram then whipped out a knife and attacked him with it while the other one caught hold of his hands. 4. Motilal (PW 6), Heeralal (PW 7) and Ganesh (PW 8) rushed to the spot on hearing the commotion. But the assailants escaped. Alok Sahu was taken to the Police Station where he lodged the first information report Ex. P 9. He was then removed to the District Hospital, Sagar, where Dr. Shukla examined him. He found four incised wounds on his body of which two were on the left temporal and left frontal regions, while the other two were on the left back of the abdomen and left back of the chest. He was hospitalised for treatment. The usual investigation followed. The accused was arrested next day and on his information, a knife was recovered from his possession.