JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 26.9.1997 passed by Eighth Additional Sessions Judge, Jabalpur in S.T.No.286/1997, whereby the appellant was convicted for offence punishable under sections 448 and 324 of IPC and sentenced for 6 months rigorous imprisonment with fine of Rs.500/- and one year's rigorous imprisonment with fine of Rs.1,000/-. He was to undergo for additional period of one month and three months simple imprisonment respectively, in default of payment of fine.

(2.) Prosecution's case, in short, is that, on 9.5.1997, the victim Rajendra Patel (P.W.3) was inside his house situated near Victoria hospital, Jabalpur. The appellant knocked the door of the victim Rajendra at about 10 p.m. in the night. When the victim Rajendra opened the door, the appellant came inside the house and started abusing him. Thereafter, he placed a knife on his chest and teared his skin from chest to abdomen. Savitri Bai (P.W.4), wife of Rajendra Patel and Kishan had saw the incident. The victim Rajendra immediately went to the Police station Omti, Jabalpur and lodged an FIR Ex.P/4 at about 11 p.m. He had also mentioned that a quarrel took place between the appellant and Shivratan Patel and therefore the victim advised the appellant not to do such quarrel and therefore, the appellant assaulted the victim in such a manner. The victim Rajendra was sent to Victoria hospital for his examination and treatment. Duty doctor examined him and found a simple injury on his chest upto the abdomen caused by sharp cutting weapon. He was admitted in the hospital. He was discharged on 19.5.1997. Dr. Pandey (P.W.2) had given his report Ex.P/3. After due investigation, a charge-sheet was filed before CJM, Jabalpur and case was committed to the Sessions Court. Ultimately, it was transferred to learned Eight Additional Sessions Judge, Jabalpur.

(3.) The appellant abjured his guilt. He did not take any specific plea in the case but, he has stated that he was falsely implicated. One Kishan (D.W.1), who was sweeper in the Victoria hospital was also examined as a defence witness.