ANTU KACHI Vs. STATE OF U P

JUDGEMENT

(1.) Appellant has filed this appeal being aggrieved by the judgment and conviction passed by Special Judge, Damoh in S.T. No. 47/98 vide impugned judgment dated 11/12/98 whereby being convicted u/s 307 of IPC and 3 (2) (v) of SC/ST (Prevention of Atrocities) Act, he has been sentenced to undergo RI for 3 years on each count.

(2.) Prosecution case in brief is that on 11/01/98 at about 6 PM complainant Santosh was coming back from village Deogaon and his mother Khilona Bai was following him. On that occasion the cattle belonging to one Hari Singh came to the platform of complainant and he leathered the cattle insider. When the complainant came out after leathering the cattle, the accused/appellant gave a blow to him with knife which caused injuries and bleeding. It is alleged that at the same time, appellant gave second blow to complainant with knife on his waist. Mother Khilona Bai and one witness Pappu intervened between them. It is alleged that prior to incident appellant andcomplainant with his mother used to work together in one Pritam Singh's house. Appellant gave abused to Pritam Singh and when complainant informed Pritam Singh about accused's abuses, the turned the accused out of his house and discontinued the employment of accused about 3 or 4 days prior to incident therefore, out of vengeance appellant caused injuries to complainant. Khilona Bai lodged the FIR Ex.P-12 in police station Hata. He was sent for medical examination. PW-6 Dr. P.D. Kargaiya examined him and given medical report Ex.P-11. Completing the investigation, charge sheet was filed.

(3.) Appellant abjured the guilt. However, the court below relying upon the statements of PW-7 Santosh duly supported by PW-8 Khilona Bai, PW-3 Pappu, PW-4 Pandey @ Raghuveer, PW-9 Monu Singh, PW-6 Dr. P.D. Kargaiya, PW-1 Dr. A.K. Tiwari, PW-2 Dr. O.P. Dubey held the appellant guilty u/s 307 of IPC and 3 (2) (v) of SC/ST (Prevention of Atrocities) Act and sentenced for the period said above.