VIKRAM Vs. STATE OF MP

JUDGEMENT

(1.) APPELLANT -Vikram is convicted under section 307 of the Indian Penal Code and sentenced to 7 years rigorous imprisonment with fine Rs. 500/ - by 2nd Additional Sessions Judge, Shajapur, Vide his judgment dated 14.2.1997 in Session Trial No. 165/1996. According to the prosecution, appellant Vikram had, on 29.4.1996, around 8.30 p.m., at Maksi, attacked complainant Sitaram by means of axe causing injury on his head with underlying fracture of parietal bone.

(2.) THE incident is deposed by complainant -injured sitaram himself. He . testified that he was assaulted by the accused -appellant by means of an axe causing head injury to him. He is supported by Mansingh (PW 1), Kailash (PW 2) and Dulichand (PW 6) who are witnesses of res -gestae and stated that they had reached the spot soon after the occurrence, saw the complainant lying injured and were told by the latter that he has been assaulted by accused Vikram. A report of the incident vide Ex. P/4 was lodged by Vishnu at P.S. Maksi without any loss of time. This report also lends due corroboration to the prosecution story as spoken by the PWs above.

(3.) THE aforesaid prosecution evidence could not be challenged successfully by the defence and there can be thus no manner of doubt that the appellant did assault the complainant on his head by means of an axe. Assault by a lethal weapon like axe on vital part like head and causing fracture, clearly go to show that the appellant intended to cause death or at least had the knowledge that he by the said act was likely to cause death. The charge u/s. 307 of IPC was, therefore, made out against the appellant.