LALU ALIAS RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 24.1.1997, passed by the Second Additional Sessions Judge, Khandwa in ST. No.68/1997 whereby the appellant was convicted for offence punishable under Section 326 of I.P.C and sentenced for 3 years rigorous imprisonment with fine of Rs.500/-. In default of payment of fine, he was to undergo, additional rigorous imprisonment for six months.

(2.) THE prosecution's story in short is that on 21.11.1996 at about 8.00 p.m in the night the complainant, Jagdish (P.W.1), was standing near the house of Gowardhan situated at Village Mordhadhi, Police Station Mandhata, District Khandwa. The appellant and his father were quarreling with each other. Gowardhan, father of the appellant, requested the complainant to intervene. The appellant had a knife at that time and when the complainant tried to preach him, the appellant assaulted the complainant Jagdish by knife for three times. First he assaulted the victim Jagdish on his back and thereafter on his chest and abdomen. On shouting of the complainant Jagdish, his brother Santosh (P.W.2), Shobharam (P.W.3) etc. came to the spot and Jagdish was taken to Government Hospital, Sanawad. Shri S.S. Parihar, S.H.O Sanawad went to the Government Hospital, Sanawad and recorded Dehati Nalishi (FIR) Ex.P/8 from the complainant Jagdish. Matter was transferred to Police Station Mandhata and the case was registered. Dr. Sodhi (P.W.7) examined the victim at Government Hospital, Sanawad and found three incised wounds to the victim Jagdish which were on his back, chest and abdomen. The victim was referred to Medical College/M.Y. Hospital, Indore. Dr. Satish Shukla (P.W.10) had treated the victim Jagdish. Initially he found three stitched wounds to the victim but, after taking X-Ray etc. it was found that there were injuries to the internal parts of the victim and therefore, blood was collected in the right side of the chest wall. Some blood was also collected in the wound no.3 which was on the back. It was also found that some infection was caused in the wound of back and therefore, wound was opened and pus was removed. As much as 400 ml. pus was removed and blood transfusion was also done to the victim Jagdish. He was kept in the hospital for seven days and ultimately on 28.12.1996 he was discharged. Dr. Shukla opined that injuries were fatal in nature. ASI, Shatrughansingh Parihar (P.W.8A) registered the case and thereafter, investigation was initiated. After due investigation a charge sheet was submitted before the JMFC, Khandwa who committed the case to the Sessions Court, Khanda and ultimately it was transferred to Second Additional Sessions Judge, Khandwa for trial.

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