TOP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 5.2.1999 passed by the learned First Additional Sessions Judge, Waraseoni, District Balaghat in S.T.No.60/1994, whereby the appellant was convicted for offence punishable under section 307 of IPC and sentenced for 3 years' rigorous imprisonment with fine of Rs.200/-. In default of payment of fine, one month's rigorous imprisonment was also directed.

(2.) PROSECUTION's case, in short, is that, on 13.10.1993, at about 6 p.m. in the evening, the victim Jeevan Singh was coming from his field to his house situated at village Chandpuri (Police Station Lalbarra, District Balaghat). When he passed in front of the house of the appellant, the appellant came with an axe and abused the victim Jeevan. Thereafter, he assaulted the victim Jeevan by an axe, so that the victim sustained an injury on his head and some other injuries on other parts of his body. The victim Jeevan ran for his life but, the accused Deep Singh threw him on the Earth and held him. Thereafter, Deep Singh assaulted the victim Jeevan by fists. The victim Jeevan went to his house and informed the story to his brother Chain Singh and thereafter, he was taken to the Police Station Lalbarra, where he lodged the FIR, Ex.P/1. The victim was sent to the hospital for his medico legal examination and treatment. Dr.P.K.Vaidhya (P.W.1) has examined the victim at Primary Health Center, Lalbarra and gave a report, Ex.P/2. He found one incised wound on the head of the victim, which was bony deep and 2 abrasions, one on left elbow and second on left knee. He was referred for his radiological examination and treatment. After due investigation, a charge-sheet was filed before the JMFC, Waraseoni who committed the case to the Sessions Court, Balaghat and ultimately, it was transferred to the First Additional Sessions Judge, Waraseoni.

(3.) AFTER considering the evidence adduced by the prosecution, the learned First Additional Sessions Judge, Waraseoni has acquitted the accused Deep Singh but, convicted the appellant for the offence punishable under section 307 of IPC and sentenced him as mentioned above.