KALURAM @ KALLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 22.11.2002 passed by Additional Sessions Judge, Sihora, District Jabalpur in S.T.No.645/1995, by which the appellant was convicted for offence punishable under section 324 of IPC and sentenced for one year's Rigorous Imprisonment.

(2.) PROSECUTION's case, in short, is that, on 19.5.1995, the complainant Ramanand (P.W.3) was lying on his bed (Charpai) in front of his house at village Pipariya, Police Station Majholi, District Jabalpur. His wife Radha Bai (P.W.4) was also present at that time. A bulb was illuminated at the spot. At about 4 am in the night, the appellant came to the spot. Radha Bai asked the appellant that why he was there. Thereafter, the appellant assaulted the victim Ramanand by a farsa but, Ramanand saved himself from direct stroke and farsa struck to the log of Charpai and thereafter, it struck to right portion of his neck. Again the appellant assaulted the victim Ramanand by farsa and one injury was caused on right side of his head upto his right ear. On shouting of Radha Bai and Ramanand, Shyamlal (P.W.5) came to the spot and therefore, the appellant ran away. Actually the appellant and the complainant were friends in the past. Six months prior to the incident, the complainant demanded a sum of Rs.50/- from the appellant, which was taken by the appellant in past but, the appellant did not return the money. On the contrary, he shouted upon the victim and a quarrel took place that was converted into enmity between the parties. On 19.5.1995 at about 5.50 am, Ramanand was taken to the Police Station Majholi, where he lodged the FIR. He was sent to the hospital for his examination and treatment. Dr. Tiwari (P.W.1) examined the victim and submitted report, Ex.P/2. He found two incised wounds to the victim Ramanand and one scratch mark. After due investigation, challan was filed before JMFC, Sihora who committed the case to the Sessions Court and ultimately, it was transferred to learned Additional Sessions Judge, Sihora.

(3.) HEARD the learned counsel for the parties.