DHANSINGH, SHIVLAL GUJAR Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal under Section 374 of Criminal Procedure Code has been filed by the appellant-Dhansingh against the judgment of conviction dated 7/02/1997 passed by IVth Additional Sessions Judge, Ujjain in S.T. No.186/96, whereby the learned trial Court convicted the appellant for the offence punishable under Section 307 of IPC and sentenced him for 5 years RI with fine of Rs.2,000/- and in default of payment of fine, 3 months simple imprisonment. During trial, the appellant was in custody for a period of 16 days and after conviction he was in jail for a period of about one month.

(2.) Brief facts of the case are that on 29/03/1996 at about 9.45 PM when PW2, Kanhaiyalal son of Bhagwansingh(PW4) was going towards his shop from his house and reached near Smart Chouraha on the way he asked accused to return his cap. The accused instead of returning the cap started abusing him. When Kanhaiyalal asked as to why he was abusing him, then the accused run away to the shop of Barber Jamnalal and came with a scissor and hit him at his stomach with the said sharp edged scissor. On sustaining the injury, the victim Kanhaiyalal(PW2) rushed towards his house and no sooner he reached the house he fell down. He was immediately taken to the hospital by his cousin brother Kishan(PW1) and (PW4) Bhagwansingh, father of the injured. He was treated by Dr.Abbas Ali(PW10). Ex-P/16 is his M.L.C. report. As per M.L.C. report, injured Kanhaiyalal(PW2) has sustained the following injury:-

(3.) According to the medical report, there was a stab injury above the stomach of injured Kanhaiyalal(PW2) from which omentem was coming out and the area below liver which is near the stomach there was a hole of 2 x 1/2'' and blood was oozing from that part. For further treatment he was shifted to District Hospital, Ujjain where he was operated by Dr.Y.K. Vyas(PW8). Ex-P/8 - P/13 are treatment slips and bed head tickets of the injured.