KUNWARJI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 16.7.1997 passed by the learned First Additional Sessions Judge, Sehore, Camp at Ashta in S.T. No.40/1995, whereby the appellant was convicted for the offence punishable under section 324 of IPC and sentenced for 1 year's rigorous imprisonment with fine of Rs.1,000.00 and in default of payment of fine, 1 month's simple imprisonment was also directed.

(2.) THE prosecution's case, in short, is that, on 14.11.1994, at about 1.30 p.m., the victim Shankar (P.W.2) had participated in a marriage ceremony held at village Pangri (Police Station Ashta, District Sehore). At about 1.30 p.m., a quarrel took place between Ghisulal and the appellant Kunwarji. The victim Shankar tried to resolve the problem then, the appellant quarrelled with the complainant Shankar and thereafter, the appellant raised a knife from pocket of his fullpant and assaulted the complainant Shankar on his left chest. Shankar fell down. He was saved by Babulal (P.W.3) and other persons. He was taken to the Police Station Ashta, where he had lodged an FIR, Ex.P/2. He was also directed for his medico legal examination. Dr.Hiralal Dalodriya (P.W.11) after examining him, gave his report, Ex.P/13. He found one stab wound of 2 X 1 X 2 inches on the left side of his chest, below the 9th rib and swelling below the aforesaid wound. He was referred to Hamidiya Hospital, Bhopal for further treatment. Initially, the victim Shankar was taken to Dr. Jagdish Narayan (P.W.12) R/o Harrajkhedi and thereafter, he was taken to the Police Station Ashta. After due investigation, a charge-sheet was filed before the JMFC, Ashta, who committed the case to the Sessions Court, Sehore and ultimately, it was transferred to the First Additional Sessions Judge, Sehore, camp at Ashta.

(3.) THE learned Additional Sessions Judge, after considering the prosecution's evidence, acquitted the appellant for the offence punishable under section 307 of IPC but, convicted him for the offence punishable under section 324 of IPC and sentenced him as mentioned above.