CHIRKUT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellants being aggrieved by the judgment dated 24/11/1995 passed by the 3rd Additional Sessions Judge, Chhindwara in ST No.163/1994, whereby the appellants were convicted for commission of offence punishable under Section 307 of IPC and sentenced for two years' rigorous imprisonment.

(2.) THE prosecution's case, in short, is that on 29.3.1994 the victim Roshan (PW-1) was going to answer the call of nature while at Village Rajna (Police Station Pandhurna District Chhindwara). At about 7:30 PM in the evening appellant Bandu came on a bicycle and he pushed the front wheel of the bicycle in between the legs of the victim Roshan and thereafter the absconding accused Rameshwar assaulted the victim Roshan with a knife on his chest and abdomen. Also appellant Bandu assaulted him with a knife on his right hand and thereafter the appellant Chirkut also arrived to the spot and he assaulted the victim Roshan with kicks and fists. Some intestines came out from the abdomen of the victim. On his shouting, Ravi Hazare (PW-2) and Sheshrao (PW-3) came to the spot and thereafter the appellants and the absconding accused Rameshwar ran away. The victim Roshan was taken to the Police Station Pandhurna where he lodged an FIR Ex.P-1. He was sent to the Government Hospital Pandhurna. Dr. K.L.Mishra (PW-7) gave a report Ex.P-5 after examining him. He found that the victim Roshan sustained a stab wound in his abdomen from where some intestines had come out. A stab wound was found on the right 7 th rib which was cavity deep. Two incised wounds were found on the left costal paraumbilical region. Five incised wounds were found on the right hand. One incised wound was found on the left thumb of the victim and also there was one scratch on the right side of his face. Dr. Mishra opined that the first two injuries were dangerous to life, therefore the victim was referred to Meyo Medical College, Nagpur. After due investigation, a charge sheet was filed before the Additional Chief Judicial Magistrate Saunsar, who committed the case to the Sessions Court Chhindwara and ultimately it was transferred to the learned Third Additional Sessions Judge, Chhindwara.

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