BIJJU BRAJESH Vs. STATE OF MP

JUDGEMENT

(1.) 14.03.2012 This appeal has been preferred against judgment dated 17.09.1996 passed by Additional Sessions Judge, Jabalpur in S.T. No. 217/92, convicting the appellant under Section 324 of IPC and sentenced to 3 years R.I. and fine of Rs. 3000/ .

(2.) FACTS of the case, in short, are that on 05.06.91 at about 9:35 p.m. injured Ajay Tiwari (PW 4) was coming to his house was stopped by the appellant on the way and was assaulted many blows by knife. Injured was taken to hospital by his maternal grand father and maternal uncle. Injured lodged a report in hospital itself. Injured was referred to medical college for further treatment. Appellant was arrested and knife was recovered from his possession. Completing investigation, police Kotwali Jabalpur submitted a charge sheet under Section 307 of IPC against appellant. Trial court framed charge under Section 307 of IPC against the appellant. Appellant abjured guilt. Defence of the appellant in the trial court was that of false implication.

(3.) IN view of the evidence of Dr. B.S. Chouhan and Ex.P 1 MLC report, it remains no longer disputed that injured sustained nine incised wounds on hands, legs, thighs, etc. INjuries were simple in nature.