MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 4.2.1997 in S.T. No.27/1995 passed by the 3 rd Additional Sessions Judge Damoh, whereby the appellant was convicted for the offences punishable under Sections 326, 354 & 458 of IPC and sentenced for three years R.I. with fine of Rs. 500/-, one year R.I. and three years R.I. with fine of Rs. 500/- respectively. In default of payment of fine, he was to undergo for three months S.I. on each count.

(2.) Prosecution's case in short is that on 29.11.1994, the victim Laxman Prasad (PW-1) was sleeping on a bed in his house situated at village Bamanpura, Police Station Patera, District Damoh. His sister-in-law Ramvati (PW-2) was also sleeping on the earth in the same room. At about 3:00 a.m. in the morning, the complainant Laxman Prasad saw that the appellant was sitting down on the bed of his sister-in-law and when he asked as to why he came to that place in the night then, the appellant ran away from the spot. After 1 hours, the appellant came back and assaulted the victim Laxman Prasad by an axe causing him injuries on various parts of the body. Also he assaulted the victim Laxman by a dagger. On shouting of Ramwati, other witnesses Shivram (PW-3), Ramswaroop (PW-4) and Churaman (PW-6) came to the spot and when the appellant saw those witnesses, he ran away from the spot. Laxman Prasad was taken to the Police Station, Patera soon after the incident at about 7:30 a.m. in the morning, where he lodged FIR Ex.P/1. He was sent to the hospital for his medico legal examination and treatment. Dr. V.C. Jain (PW-8) examined the victim Laxman Prasad on 29.11.1994 at PHC, Patera at about 10:30 a.m. in the morning. He found 13 injuries on his body. Out of them, 12 injuries were incised wounds, whereas one injury was on the left leg caused by hard and blunt object. He was referred for x-ray examination. Dr. O.P. Dubey (PW-11) found that the lower end of left tibia bone was broken. The police Patera after due investigation filed a charge sheet before the J.M.F.C. Hata, who committed the case to the Court of Sessions and it was transferred, and ultimately it was decided by the 3 rd Additional Sessions Judge, Damoh.

(3.) The appellant abjured his guilt. He did not take any specific plea. However, some suggestions were given by the witnesses that the appellant saw the victim Laxman Prasad and his sister-in-law Ramvati in compromising position and therefore, Ramvati assaulted the victim Laxman Prasad. He was falsely implicated in the matter. However, no defence evidence was adduced by the appellant.