RAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 16.10.1996 passed by the learned Sessions Judge, Sehore in S.T. No.56/95, whereby the appellant was convicted for the offence punishable under Section 307 of IPC and sentenced for ten years' R.I. with fine of the Rs.5,000.00 and in default of payment of fine, an additional R.I. for six months'.

(2.) THE prosecution's case in short is that on 8.11.1994 at about 10:30 a.m. in the morning, the victim Dayaram (PW-2) and the appellant were taking tea in the hotel of one Mansingh (PW-4). There was a dispute between the victim and the appellant who believed that the victim had burnt the motor of the appellant with a bad intention. At the hotel of Mansingh (PW-4), the appellant suddenly raised a knife from his pocket and started assaulting the victim. He assaulted him on the chest, abdomen and other parts of the body including the right hand and left waist. When Mansingh saw the fight, shouted to save the victim Dayaram. Many persons gathered around but in the meantime, the appellant ran away from the spot. Intestines of the victim Dayaram came out from the abdomen and therefore, primary bandage was done by the witness Akbar (PW-8) and others. Thereafter, the victim was taken to the District Hospital, Sehore. Mansingh (PW-4) had lodged an FIR Ex.P/11 at Police Station Doraha, District Sehore. Dr. Anand Sharma (PW-1) examined the victim Dayaram at District Hospital, Sehore and gave his report Ex.P/1. He found five incised wounds on the victim Dayaram, which were on his right hand, left hand, right chest and left waist and also one stab wound was found on the left side of his abdomen from which intestines were coming out. After preliminary treatment, Dr. Sharma referred the victim Dayaram to the Hamidiya Hospital, Bhopal. Dr. Dinesh Modi (PW-18) had examined the victim Dayaram and gave his report Ex.P/20. He performed the operation of the victim and his intestines were placed at proper place and stitches were also given. Dr. Modi opened his chest and a rubber tube was inserted in the chest to remove the liquid collected in the cavity. In his opinion, the injuries caused to the victim Dayaram were sufficient to cause his death in the ordinary course of nature. After due investigation, a charge sheet was filed before the C.J.M. Sehore, who committed the case to the Sessions Court.

(3.) THE learned Sessions Judge after considering the evidence adduced by both the parties, convicted the appellant for the offence punishable under Section 307 of IPC and sentenced as mentioned above.