SANTOSH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 3.12.2003 in S.T. No.178/2002 passed by the 1 st Additional Sessions Judge Raisen, whereby the appellant was convicted for the offence punishable under Section 324 of IPC and sentenced for two years R.I. with fine of Rs.500/-. In default of payment of fine, he was to undergo for one month's R.I.

(2.) PROSECUTION's case in short is that on 10.5.2002 the complainant Sunil Gupta (PW-1) was working in his shop at Arujn Nagar, Police Station, Obedullaganj District Raisen. The appellant Santosh and accused Manoj were harassing a vendor of ice cream in front of the shop of the complainant Sunil Gupta. When the complainant Sunil Gupta went to mediate and stop the quarrel then, Manoj and Santosh started abusing him. On 10.5.2002 in the evening, the victim informed about the incident to one Rajkumar, brother of Santosh. On 11.5.2002, the appellant Santosh came to the shop of the complainant and started quarrel with him but, mother of the appellant took him with her. Again in the evening of 11.5.2002 the appellant and other accused persons went to the shop of the complainant and assaulted him. The appellant Santosh assaulted the victim on his neck by a dagger. He was saved by the witnesses. The victim was taken to the Police Station, Obedullaganj, where he lodged an FIR Ex.P/1. The victim was sent to the hospital for his medico legal examination and treatment. Dr. Mrs. Shaili (PW-5) had examined the victim Sunil and found that he sustained an incised wound on his throat. After preliminary treatment, the victim was referred to Hamidiya Hospital, Bhopal and report Ex.P/6 was given by the Dr. Mrs. Shaili. After due investigation, a charge sheet was filed before the J.M.F.C. Goharganj, which was committed to the Sessions Court, Raisen and ultimately, it was transferred to the 1 st Additional Sessions Judge, Raisen.

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