RISHIKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 22.10.1997 passed by the IInd Additional Sessions Judge, Rewa in Sessions Trial No.172/1995 whereby the appellant was convicted for offence punishable under Section 308 of I.P.C and sentenced for three years rigorous imprisonment with fine of Rs.400/-. The appellant was to undergo six months rigorous imprisonment in addition for default of payment of fine.

(2.) PROSECUTION's case, in short, is that on 5.7.1995 at about 4.30 in the morning victim Arun Kumar (P.W.1) was sleeping in front of his house. The appellant came with a sword and assaulted the victim Arun Kumar by that sword causing him injuries on his neck, hands, right leg and other parts of the body. Due to those injuries the victim Arun Kumar fell on earth and became unconscious. On hearing shouting by his companion Anupam (P.W.2) some witnesses Mannulal, Munda and father of the victim Arun came to the spot. Anupam had lodged an FIR (Ex.P/1) at Police Station Mangawa at 4.45 in the morning. The victim was sent to the hospital for his medical examination and treatment. Dr. Deepaksharan Kapoor (P.W.5) had examined the victim Arun Kumar and gave a report Ex.P/7. He found as many as five injuries on the body of the victim Arun Kumar. He found several incised wounds on the left hand of the victim. Similarly several incised wounds were found on right hand and wrist, one incised wound was found on his right chest, one incised wound was found on the right forearm and one incised wound was found on the right toe of the victim. The victim was referred for X-Ray examination. Dr. Rajendramani Tripathi (P.W.6) after preparing the X-Ray plates Ex.P/13 gave his report Ex.P/18 and found that there was no fracture. However, the victim was shifted to the GMH, Rewa. Dr. Lakhtakia (P.W.8) found that there was a fracture on base of left thumb relating to meta carpel bone in addition to those injuries. After due investigation a charge sheet was filed before JMFC Rewa and case was duly committed to the Sessions Court and then allotted to the Second Additional Sessions Judge, Rewa.

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