DURJAN Vs. STATE OF MP

JUDGEMENT

(1.) THIS is an appeal against the judgment and finding recorded by the learned Additional Sessions Judge Gadarwara, in Sessions Trial No. 32/89. whereby appellant has been held guilty of offence punishable under section 324 of the IPC and sentenced to R.I. for 2 years.

(2.) THE facts in brief, shorn of details and necessary for the disposal of the appeal are in narrow compass : On 18.11.1988 at about 3.00 p.m when complainant Hotilal (PW 1) was sitting under a mango tree and his servant Laxman was trimming a tree in the field of Hotilal, an ox belonging to Hotilal reached near the boundary of the field of Prema, father of appellant Durjan. Hotilal asked Laxman to bring the ox back. Laxman went near the field of appellant to catch hold of the ox. Purshottam, the brother of appellant, an acquitted accused, slapped him twice. The complainant objected. On this appellant Durjan and acquitted accused Purshottam reached at the place where Hotilal was sitting. Durjan was armed with axe. Appellant dealt an axe blow on the neck of the complainant. Both the accused grappled with the complainant. The complainant caught hold of the axe. Prema and Dwarika interfered. Dwarika took the complainant to his house. The complainant went to post Chichli of police station Gotitoriya and lodged the first information report (Ex. P..1), thereupon an offence punishable under section 307/34 IPC was registered against the appellant and his brother Purshottam.

(3.) DURING investigation spot map was prepared by the investigating officer. At the instance of the appellant an axe, used in the commission of the offence was seized as per seizure memo Ex. P. 4. At the instance of acquitted accused Purshottam, a Parena was seized vide seizure memo Ex. P. 5. A banyan and dhoti soaked with blood was seized from Hotilal vide Ex. P. 2 and one Banyan soaked with blood was seized from the appellant as per Ex. P. 8. Blood stained soil and plain soil was also recovered from the spot. Seized articles, axe, Banyan and Dhoti of Hotilal, blood stained soil and plain soil were sent to the Director, forensic Science Laboratory for chemical examination. Spot map Ex. P. 17 was prepared by Patwari. After investigation challan was filed against the appellant and Purshottam.