KANHAIYA LAL BANJARA Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal appeal under Sec. 374(2) of Criminal Procedure Code has been filed by the appellant- Kanhaiyalal Banjara against the judgment of conviction and order of sentence dtd. 11/11/1998 passed by 2nd Additional Sessions Judge, Seoni in Sessions Trial No. 52/1997, whereby appellant- Kanhaiyalal has been convicted for the offence punishable under Sec. 307 of IPC and has been sentenced to 5 years R.I. and fine of Rs.500.00, in payment of default of fine, shall further undergo R.I. for a period of 3 months.

(2.) The prosecution story, in short, is that on 5/3/1997 complainant Komal Singh S/o Mukhram, aged 35 years, R/o Village Malkheda, reported Police, Ghansore, that today at about 5.0/5/30 p.m. he was sitting in the court yard of his home, when Savitri Bai and Badami's wife, passed from there, he asked them not to go from there with weight, as when they pass with load the tilesroof (Khappar) of his house get damaged. In the meantime, Sukhram reached there and they smoke bidi together. When Kanhaiya reached there, Komal asked him as to why he is passing from narrow way with load (Bojha). At this Kanhaiya gave lathi blows on his head, right hand and paw of left hand, causing injuries to him. Incident was witnessed by Sukhram and Sonabai. Matter reported by Komal was entered into G.D. at Srl. No.166 and he was sent for medical examination.

(3.) On 5/3/1997 at Community Health Centre, Ghansore, Dr. Hemant Chandravanshi examined Komal and found bruises on his right forearm, left hand and left temporal. He was advised X-ray for injury No.2 and 3. In District Hospital, X-ray as advised of injured Komal was taken. In X-ray fracture was found on his occipital bone of skull and 4th and 5th metacarpal bone of left hand. After receipt of MLC and X- ray report, Arvind Dubey (P.W.10) registered FIR ( Exhibit P/8 ) at FIR No.16/97 of P.S. Ghansore, for commission of offence under Sec. 325 of IPC. Query letter (Exhibit P/6) was sent to Dr. Hemant Chandravanshi and Dr. Hemant Chandravanshi (P.W.9) opined that injury No.3 on the occipital of skull was dangerous to life. After investigation, Police Ghansore filed charge sheet for commission of offence under Sec. 325, 307 of IPC before the C.J.M., Lakhnadon, who in turn, committed the case to the Court of Session. Learned Additional Sessions Judge, Seoni framed charge against the appellant/ accused for commission of offence under Sec. 307 of IPC. Accused abjured his guilt and claimed to be tried.