DHARMENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred against judgment dated 25.07.1997 passed by Sessions Judge, Rewa in S.T. No. 49/95 convicting the appellant under Section 307 of IPC and sentenced to 3 years R.I. and with Rs. 5000/?fine.

(2.) FACTS of the case, in short, are that on 09.12.94 at about 9:00 p.m. Shivlal (PW?5) was going in Allahabad Nagpur bus No. UP 70/8535, as second driver. In front of Agriculture College, Rewa bus was accosted by 8?10 persons. Some persons entered into bus and asked for Shivlal (PW?5). Appellant and two other persons dragged Shivlal out of bus and appellant assaulted two injuries on his stomach by Gupti. Shivlal (PW?5) was taken to Rewa Hospital for treatment. On 10.12.94 at about 2:00 p.m. FIR Ex.P?5 was lodged by co?passenger Ramji Pandey (PW?7). A case at Crime No. 415/94 at Police Station City Kotwali under Section 307 of IPC was registered against the appellant and two named, and 5?6 other not named accused persons.

(3.) CHALLENGING the finding and conviction of sentence this appeal has been preferred on the grounds that appreciation of evidence is not proper, evidence of injured is suffering from material omissions and contradictions. There is no independent corroboration of his evidence. Defence of appellant has been wrongly denied and disbelieved by the trial Court. Conviction is bad is law and sentence is harsh. On the other hand learned Panel Lawyer supported the findings of conviction and sentence both.