BABULAL UMRAO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred under Sec. 374 of Code of Criminal Procedure, 1973 (in short "Cr.P.C.") against the judgment dtd. 09/07/1998 passed by the XIV Additional Sessions Judge, Indore in Sessions Trial No.177/1998, whereby the appellant has been convicted for offence punishable under Sec. 307 of the Indian Penal Code, 1860 (in short "IPC") and has been sentenced to undergo 10 years rigorous imprisonment with fine of Rs.2,000.00 with default stipulation of 02 years rigorous imprisonment.

(2.) The brief facts of the case are that complainant Bholaram and appellant both are relatives. On 22/01/1996 while the complainant Bholaram was standing on the road, at that time appellant came out from his home and told the complainant that "how your dare to come here". There was some old dispute between them regarding some money transaction. Then the appellant took out a knife with an intention to kill him and gave two blows of knife on complainant's abdomen, due to which complainant feel down on the spot. He was taken to a Hospital. After that Rajendra launched an FIR. MLC was conducted by Dr. Sanjay Kumar Bhatnagar (PW-5). Two cut injuries were found over his abdomen and omentum was coming out. Doctor opined that both the injuries were grievous in nature and were caused by some sharp and blunt object within 24 hours of the examination. Spot map was prepared by the Investigating Officer. During investigation a knife was recovered from the possession of the present appellant and the same was sent for FSL examination.

(3.) After completion of entire investigation, charge sheet was filed under Sec. 307 of the IPC against the appellant/accused before the Chief Judicial Magistrate, Indore, who committed the case to the Court of Sessions, Indore, which was transferred to the XIV Additional Sessions Judge, Indore for trial. The trial Court on the basis of the allegation levelled in the charge sheet framed charge for offence under Sec. 307 of the IPC. The appellant abjured his guilt and pleaded his innocence before the trial Court.