BALLA @ BALRAM Vs. STATE OF M P

JUDGEMENT

(1.) The appellant/accused has preferred this appeal being aggrieved by the judgment dated 24.9.1996 passed by IInd Additional District Judge Jabalpur, in Sessions Trial No. 339/92 convicting him under Section 324 of I.P.C. for R.I. three years.

(2.) The facts giving rise to this appeal in short are that on dated 27.1.1992 at about 3.25 in the noon, the complainant Bablu @ Mohan lodged the first Information Report at Police Station Belbag Jabalpur, contending that today at about 2 O' Clock in the noon, while he (complainant), accompanied with his friend Mukesh and Sunil, after taking the tea, were returning from some hotel on the way, in front of the shop of Ghanshyam Kirana Store, on account of some previous enmity, the appellant gave him a blow of knife on his thigh from the back side, on which he turned to back side then, the appellant with intention to cause his death, gave him another blow of knife on his neck resultantly, he sustained the injuries with bleedings and fell down. He was brought to the Police Station by his accompanied friends Niranjan, Sunil and Mukesh, where he lodged the First Information Report. After registration of the offence, he was sent to the hospital, where on his medical examination the MLC report Ex.P/9 was prepared an thereafter, for further treatment he was referred to Medical College Jabalpur, where by providing the treatment, his dying declaration was also recorded by the Executive Magistrate. On completion of the investigation, the appellant was charge-sheeted for the offence of Section 307 of I.P.C. After committing the case to the Sessions Court, on evaluation of the charge-sheet, the charge of the aforesaid offence was framed against the appellant. He abjured his guilt on which, the trial was held. On appreciation of the evidence instead the aforesaid Section, the appellant was held guilty under Section 324 of I.P.C. and punished with the abovementioned punishment.

(3.) Shri Abhay Sharma, learned counsel for the appellant without challenging any finding of the impugned judgment holding conviction against the appellant for the offence of Section 324 of I.P.C. has made his limited submissions for reducing the awarded jail sentence of three years upto the aforesaid period of 71 days suffered in judicial custody between 28.1.1992 to 8.4.1992 in pendency of trial by imposition of some fine under the discretion of the Court and prayed to allow this appeal accordingly.