ANIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 5.11.1996 passed by the learned Second Additional Sessions Judge, Chhindwara in S.T.No.127/1996, whereby the appellant was convicted for the offence punishable under section 307 of IPC and sentenced for 5 years' rigorous imprisonment with fine of Rs.500/-. In default of payment of fine, 3 months' rigorous imprisonment was also directed.

(2.) PROSECUTION 's case, in short, is that, on 16.2.1996, at about 5.30 p.m. in the evening, the complainant Tejrao (P.W.1) went to the shop of Sanjay Barbar to get his shaving, at village Tigaon (Police Station Pandhurna, District Chhindwara). The appellant came to the shop of Sanjay Barbar and asked the complainant as to why he had made a complaint against him to his brother. The appellant took a scissors from the shop of Sanjay Barbar and assaulted the complainant Tejrao on his abdomen, chest and left hand, causing him 4 injuries. The complainant Tejrao was taken to the Police Station Pandhurna, where he lodged an FIR, He has also mentioned that Krishna (P.W.2), Ex.P/1. Ramesh Mahale, Tukudu Pawar were present at the time of the incident and Vijay (P.W.4) and Kayum took him to the Police Station. The complainant was directed for his medico legal examination to CHC, Pandhurna. Dr.Gadhekar (P.W.7) examined the complainant Tejrao and gave his report, Ex.P/9. He found three stab wounds on the body of the complainant Tejrao. One was on the left chest, another on the right chest and third one was on costal margin. Each wound was bony deep. Similarly, one incised would was found on his left knee. Thereafter, the complainant was referred for his x-ray examination. In x-ray report, no bony injury was found and no gases or air was found in the diaphragm of the chest. After due investigation, a charge- sheet was filed before the ACJM, Saunsar, who committed the case to the Sessions Court, Chhindwara and thereafter, it was transferred to the learned Second Additional Sessions Judge, Chhindwara.

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