ANIL KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 8.8.1996 passed by the 4 th Additional Sessions Judge, Rewa in S.T. No.56/94, whereby the appellant was convicted for the offence punishable under Section 307 of IPC and sentenced for five years' R.I. with fine of Rs. 200/-. In default of payment of fine, he was to undergo for two months' S.I. in addition.

(2.) The prosecution's case in short is that on 30.12.1993 at about 4:00 p.m. in the noon, the complainant Amritlal (PW-2) was passing near the house of Shankar Kachhi in village Bajraha Tola, Sirmour then, the appellant met him on the way and he abused the complainant with filthy abuses and also assaulted him by a dagger. The appellant assaulted the complainant for two times. The victim sustained two injuries on his chest. The victim/complainant was taken to the Police Station Sirmour, where he lodged an FIR Ex.P/2. He was directed to the Primary Health Centre, Sirmour for his medico legal examination. Dr. R.K. Ojha (PW-1) had examined the complainant Amritlal and gave his report Ex.P/1. He found one incised wound on the left side of the chest of the victim near left clevical bone and that injury was simple. He also found a penetrating wound on the left side of his chest below the sternum and the air was coming out from that wound. Such injury was dangerous to the life. The cavity was field with the blood and therefore, Dr. Ojha referred the victim Amritlal to the Medical College, Rewa. Dr. Gaharwar (PW-6), the lecturer of the Medical College, Rewa admitted the victim in his unit. His wound was repaired and a small surgery was done and approximately, 1.5 liters of blood mixed with water was removed from the cavity. He opined that the second injury caused to the victim was fatal in nature. After due investigation, a charge sheet was filed by the S.H.O. Police Station, Sirmour before the J.M.F.C., who committed the case to the Sessions Court and ultimately, it was transferred to the 4 th Additional Sessions Judge, Rewa.

(3.) The appellant abjured his guilt. He did not take any specific plea but he has submitted that a false case was lodged against him. However, no defence evidence was adduced by the appellant.