ASHOK Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order dt. 17.3.1998 passed by learned 11 th Additional Sessions Judge in Sessions Trial No. 23/1991 convicting the appellant under Section 307 IPC and thereby sentencing him to suffer 7 years RI and fine of Rs. 1000/- in default further RI of 3 months, the appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that complainant/injured Firoz Khan is a labour and he had gone to obtain a machine in which the cement and ballots are mixed and the mixture is used in building construction. At that juncture some boys arrived there and the appellant was hurling abuses to the complainant and when the complainant asked him not to hurl the abuses, he took out a knife and dealt its below on the abdomen region of the injured. A report was lodged and the case was registered under Section 307 IPC.

(3.) After investigation took place, a charge sheet was submitted before in the Committal Court who committed the case to the Court of Sessions and from where it was received by the Trial Court for the trial.