FAJITIYA Vs. STATE OF M P

JUDGEMENT

(1.) The accused-appellants have preferred this appeal against their conviction under section 307 read with sec. 34, I.P.C. whereby they have been sentenced to R.I. for 5 years each and to pay a fine of Rs. 500/-, or, in default, further R.I. for 3 months each.

(2.) The prosecution case is that on 18.1.1988, at about 9 p.m., while Deorao (P.W.1) was purchasing bidis at the shop of one Shankar, all the three appellants approached there. Appellant fajitiya caught hold of the complainant and accused-appellants Wamanrao and Damaji alias Dammu assaulted him by knife and lathi respectively. P.W.4 Sk. Gaffar intervened and the accused-appellants fled away from the spot. A report (Ex. P-I) of the incident was lodged by Deorao (P.W.1) with the police. The complainant was referred to medical examination. His injuries were examined by Dr. P.K. Shrivastava (P.W.11). The injury report of the complainant is Ex. P-9. The doctor, on examination, found that there were 3 incised injuries and one contusion. The doctor gave no opinion about the nature of injuries whether they were grievous, or dangerous to life or simple. The injured was referred to X-ray examination and also for determination of the nature of injuries. Although the prosecution examined Shankar (P.W.3), in front of whose shop the incident took place, Sk. Gaffar (P.W.4), Ramesh (P.W.5), other Shankar (P.W. 6), Rameshwar (P.W. 7) and Pandhari (P.W. 8), Yet none of these witnesses have supported the prosecution version.

(3.) The learned trial Court, on appreciation of the prosecution evidence and relying upon the version of Deorao (P.W.1), seeking corroboration from injury report, Ex. P-9, of the victim, convicted and sentenced the accused-appellants as stated above.