SONSAY Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred against judgment dated 05.12.1996 passed by Sessions Judge, Mandla in S.T. No. 60/95 convicting the appellant under Section 326 of IPC and sentenced to R.I. for 1 year.

(2.) FACTS of the case, in short, are that on 08.11.94 at about 10:00 a.m. there had been some altercation between appellant and his nephew Gangaram (PW?1) injured saying that some deadly evil of family of Gangaram in making troubles to the appellant. Appellant dealt Balua (axe like weapon) blow on his face. Gangaram (PW?1) sustained incised wound on his temple (kanpati). FIR Ex.P?1 was lodged by PW?1 at Motinala Police. A case under Section 307 of IPC at Crime No. 48/94 was registered. PW?1 was sent for medical examination and was advised for X?ray also. Appellant was arrested on 10.11.94 and sent for judicial custody. After completing investigation, citing 16 witnesses Police Motinala submitted a charge?sheet against the appellant under Section 307 of IPC.

(3.) IN view of the evidence of Dr. B.G. Dubey (PW?3), Dr. N.D. Peepray (PW?4), R.C. Chourasiya, Attendant Hospital (PW?5), Dr. R.C. Rai (PW?6), MLC report Ex.P?2, X?ray reference letter Ex.P?3, Bed ticket and treatment Ex.P?5 and Ex.P?6, it remains no longer disputed that there had been an injury on head on the injured that is Gangaram (PW?1) containing a fracture of front parietal bone.