JAGAT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 17.11.2011 passed by the learned Special Judge, Raisen in Special Case No.39/2009, whereby the appellant was convicted for offence punishable under section 307 of IPC and sentenced for 7 years rigorous imprisonment with fine of Rs.1,000/-. In default of payment of fine, he was to undergo for 3 months' additional rigorous imprisonment.

(2.) PROSECUTION's case, in short, is that, on 16.1.2009, Ramshri Bai (P.W.8) had visited the house of her mother Jagrani (P.W.9) at Shyamnagar, Begumganj. At about 6.30 a.m. in the morning, the appellant Jagat Singh came to the house of Jagrani having a knife in his hand and abused the victim Jagrani in a bad manner. Thereafter, he assaulted the victim Jagrani by that knife causing injuries on her abdomen, forehead, hips and palm. On her shouting, Bhujbal (P.W.2), Sunil and Krishna Bai came to the spot. The appellant ran away towards Fatehpur. Ramshri Bai took her injured mother Jagrani to the Police Station Begumganj, where she lodged an FIR, Ex.P/5 at about 11 a.m. in the morning. The victim Jagrani was directed for her medico Dr.J.P.Patel (P.W.3) examined the victim Jagrani and found 14 injuries on her person. One injury was caused by sharp cutting weapon, whereas remaining injuries were caused by hard and blunt object. Those injuries were found to be fatal to life. Dr. Patel, gave his examination report, Ex.P/4 and the victim Jagrani was referred to Hamidiya hospital, Bhopal. After due investigation, a charge-sheet was filed before CJM, Raisen, who committed the case to the Special Judge, Raisen because charge-sheet was also filed for offence punishable under section 3 (2) (v) of SC/ST (Prevention of Atrocities) Act.

(3.) I have heard the learned counsel for the parties at length.