SOORAJ CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appeal has been preferred by the appellant under section 374 of Cr.P.C. being aggrieved by judgment dated 23.2.2010 passed by Third Additional Sessions Judge, Satna in S.T. No. 28/2008 whereby the appellant has been convicted for the offence punishable under section 307 of IPC and sentenced to R.I. for 4 years and fine of Rs. 500/- with default stipulation.

(2.) THE prosecution case is short is that on 9.8.2007 at about 2:00 PM appellant along with co-accused Bablu Singh Thakur abused complainant Ranglal and appellant assaulted him by lathi. Complainant was sent for medical examination and treatment to District Hospital Satna, from where information was sent to P.S. Kolgawan on 10.8.2007. Primarily offence under section 294, 323, 324, 506-B read was registered. During the investigation, on query (Ex.P-7), offence was registered under section 307 of the IPC. After usual investigation, appellant was prosecuted before the Judicial Magistrate First Class, who committed the case for trial to the Court of Sessions. THE trial Court framed the charges under section 307, 506-B and 294 of IPC against the appellant.

(3.) LEARNED counsel for the appellant has submitted that the trial Court committed error in not appreciating the evidence on record in its proper perspective, therefore, he has prayed for setting aside the impugned judgment. He has further submitted that the considering the facts and circumstances in which, the incident took place on the spur of the moment and there was no previous enmity between the appellant and the complainant, the ends of justice would be met if appellant is sentenced for a period already undergone i.e. approximately 3 ? years. LEARNED counsel has further submitted that the appellant is in jail since 13.8.2007. He is a poor person and was not in a position to furnish the bail bond and security bond, therefore, he through out remained in jail since 13.8.2007.