RAJU RAJENDRA Vs. STATE OF MP

JUDGEMENT

(1.) THIS appeal is filed by the accused-appellant against the judgment of conviction dated 28.1.1997, passed by 5th Additional Sessions Judge, Ujjain in S.T. No. 421/94, whereby the learned trial Court convicted the appellant for an offence punishable under section 307 of the Indian Penal Code (for short "the IPC") and imposed sentence of 5 years' RI with fine of Rs.2,000/- and in default of payment of fine to undergo further RI for three months.

(2.) BRIEF facts of the case are that in Panchayat election accused-appellant Raju @ Rajendra was contestant against Vinod (son of injured Ranjendrasinghj). In the said election Vinod was defeated by the accused and due to the aforesaid reason there was no talking terms between them and they were having enmity against each other.

(3.) AFTER completion of investigation, charge sheet was filed and the matter was taken up for trial. The accused took the plea that Kannu and Vinod were contesting and Rajendrasingh came there to pacify them, but due to dispute between Kannu and Vindod he by mistakie sustained injury. The accused also took the plea of false implication. According to the medical report and statement of Dr. Y.K. Vyas (PW5) if proper treatment was not given to the injured the injuries in the ordinary course of nature would cause death. According to the statements of witnesses, doctors and medical report, there was a stab injury on the body of the injured caused by sharp edged weapon, therefore, there was no dispute as to presence of injury on the person of the injured.