RAMU S/O MANGILAL BHILALA R/O INPUN BHIGAWA ROAD SANAWAD DISTRICT WEST NIMAR Vs. STATE THROUGH PS SANAWAD DISTRICT WEST NIMAR KHARGONE

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order dt. 29.6.2002 passed by learned Additional Sessions Judge Barwaha District West Nimar convicting the appellant under Section 307 IPC and thereby sentencing him to suffer 5 years RI and fine of Rs. 200/ - in default further SI of 1 month, the appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973. As per the case of prosecution on 12.12.1995 at 1.30 PM appellant Ramu along with another accused Kailash after consuming the liquor were quarreling with one Mohan cyclewala. At that juncture ,complainant Kanhaiya arrived there and when Mohan told Kanhaiya about the incident, the injured Kanhaiya pacified the appellant. Thereafter the accused persons started quarreling with the injured. On being asked by accused Kailash appellant Ramu brought a Darati and tried to blow on the neck region of the injured Kanhaiya but in order to save the injured moved as a result of which the blow was dealt on his left hand and the blood started oozing. Another blow was dealt by appellant on the back of the injured. The incident was witnessed by the wife of injured Savitribai and other persons. The FIR was lodged and the injured was sent for medical examination.

(2.) After the investigation was over a charge sheet was submitted in the Committal Court who committed the case to the Court of Session and from where it was received by the Trial Court for trial.

(3.) BOTH the accused persons were absconding but any how later on the appellant was arrested and he was tried. The learned Trial Court framed charge punishable under Section 307 IPC against the appellant which he denied and thereafter the prosecution examined the witnesses.