SUSHIL RAIKWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 21/11/1996 passed by the Second Additional Sessions Judge, Jabalpur in ST No.574/1995, whereby the appellant was convicted for commission of offence punishable under Section 308 of IPC and sentenced for three years' rigorous imprisonment with fine of Rs.1000/-. In default of payment of fine, six months rigorous imprisonment was also directed.

(2.) THE prosecution's case, in short, is that on 13.4.1995 the complainant Nathuram (PW-1) was working on his handcart shop of snacks. His son Raju @ Kamlesh (PW-2) was selling Samosas. At about 9:00 PM in the night the appellant went to the shop of the complainant and took some Samosas. Thereafter Raju @ Kamlesh asked for money, then the quarrel started. The appellant gave a slap to Raju @ Kamlesh. The complainant tried to stop their quarrel and when he intervened in that quarrel, the appellant took hot oil from the utensil kept on the handcart and poured upon the complainant due to which the complainant sustained burn injuries on his right chest, right abdomen, right hand and right leg. The customers of the complainant saw the incident. The complainant was taken to the Police Station Madan Mahal, Jabalpur where he lodged an FIR Ex.P-1. He was sent to the Victoria Hospital, Jabalpur for his medico legal examination and treatment. Dr. Smt. Sobha Agrawal (PW-6) examined the complainant and gave her report Ex.P-7. She found 25-30% burns to the complainant on his right chest, right abdomen, right leg and right hand. He was admitted in the hospital for the treatment. Dr. S.K.Pandey (PW-5) treated the complainant. He prepared the bed head ticket Ex.P-5. He also sent a reply Ex.P-6 to the query done by the police. After due investigation, a charge sheet was filed before the Chief Judicial Magistrate, Jabalpur, who committed the case to the Sessions Judge, Jabalpur and ultimately it was transferred to the Second Additional Sessions Judge, Jabalpur.

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