RAJURAJKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Sec. 374 of the Criminal Procedure Code, 1973 (in short "Cr.P.C.") against the impugned judgment dtd. 26/5/1999 passed by the Addl. Sessions Judge, Sonkatch, District Dewas in S.T. No.57.98, whereby the appellant has been convicted under Sec. 326 of Indian Penal Code (in short "IPC") and sentenced to undergo 3 years R.I. and fine of Rs.1,000..00with default stipulation of 6 month's S.I.

(2.) Brief facts of the case are that on 11/12/1997 at about 12.45 p.m. when complainant Vinod Solanki (PW-1) was reading banner in front of his shop, at that time from the backside present appellant came there armed with sword and with intention to kill him, he gave a blow of sword over his head, due to which complainant Vinod sustained injuries over his head. Appellant gave second blow of sword to the complainant and in order to save himself, complainant caught hold the sword, due to which he sustained several injuries over his fingers. Thereafter appellant gave two more blows of sword over his hand and back. The incident was witnessed by Prakash, Jaisingh, Ratanlal and Poonamchandra. There was old enmity between complainant and the appellant. Complainant lodged an FIR at P.S. Sonkatch, District Dewas, which was written by Sub Inspector V.D. Yadav (PW-13). Victim's MLC has been conducted by Dr. Praveen Mishra. During the investigation sword was recovered from the possession of the appellant. Victim's blood stained clothes were seized by the police and all the seized articles were sent to the FSL for their chemical examination. As per the FSL report and report of the serologist, human blood was found over all the articles.

(3.) After completion of the investigation, charge sheet has been filed against the appellant before the JMFC, Sonkatch, who committed the case to the Sessions Judge, Dewas, later on the case was transferred to the Addl. Sessions Judge, Sonkatch for its trial. The Addl. Sessions Judge, Sonkatch on the basis of the allegations made in the charge sheet, framed the charges under Sec. 307 of IPC and Sec. 25(1)(a) of Arms Act. The appellant abjured the guilt and pleaded complete innocence and took the plea that he has been falsely implicated.