KAMLESH PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this criminal appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) being aggrieved by the judgment of conviction and order of sentence dtd. 11/11/1998 passed by IIIrd Additional Sessions Judge, Rewa in ST No. 202/96 (State of MP Vs Kamlesh Patel) whereby the appellant/Kamlesh Patel has been convicted for the offence punishable under Sec. 307 of IPC and has been sentenced to undergo R.I. for five years and fine of Rs.500.00 in default of fine further three months R.I.

(2.) Prosecution story, in short, is that on 16/3/1996 at around 9:30 am, Rajmani Patel (PW-1) resident of village Gahira who was brought at Police Sation Govindgarh lodged FIR stating that he and Kamlesh Patel has dispute over ancestral land and due to that enmity today at around 8:00 am when he at the behest of his son Sunil was going to meet a nurse in Korian Maholla reached almost 20 steps away from Sukhendra's house, Kamlesh armed with battle axe came from the opposite side and told him that "you are posing yourself as a rogue" and gave a battle axe blow on his neck causing injury from neck to ear. At this, he raised an alarm and reached at Sukhendra's house there Kamlesh gave another battle axe blow causing injury in his left rib. Budhsen and Sukhendra witnessed the incident. When other persons of the village reached there, Kamlesh Patel fled away from the spot. Kamlesh Patel with an intention to kill him has given battle axe blows on his person. He has been brought to police station by Shrinivas, Ramadhar, Molai, Shyamlal and Shukendra. At the time of registration of FIR, scribe of the FIR noticed injuries on the person of Rajmani Patel. As per the narration given by Rajmani Patel (PW-1) FIR Ex. P-1 was registered in Police Station Govindgarh at FIR No. 27/96 for commission of offence under Ss. 307, 341 and 323 of IPC by S.I. R.K. Singh (PW-10). He filled Ex. P-9 medical form and sent him to Government Medical College, Rewa for medical examination. He sent Ex. P-10 letter to the Magistrate for recording Rajmani's dying declaration .

(3.) In Medical College Rewa, Dr. D.S. Kapoor (PW-8) examined Rajmani Patel (PW-1) aged 30 years and found 5 incised wounds on his person. He referred him to surgical department for further treatment and gave Ex. P-6 report. In surgical ward Dr. A. Dildeep (PW-7) examined Rajmani Patel (PW-1) and found five incised wounds on his person. He prepared Ex. P-2 summary sheet of bed head ticket.