KAMAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has filed this appeal under Section 374 of Criminal Procedure Code against the judgment dated May 22, 1990 passed by Sessions Judge, Raisen in Sessions Trial No. 131/88, convicting him under Section 324 of Indian Penal Code with sentence of rigorous imprisonment for two years and fine of Rs. 200/ -.

(2.) THE prosecution story in brief is : On 1-5-1987 at about 6. 30 a. m. while the victim Hari Prasad (P. W. 4) was going on foot towards the house of Shyamlal Sahu, the sole accused/appellant intercepted him in front of the house of Ajab Singh and caused an injury on the back of his neck with a deadly weapon 'farsa'. Hari Prasad (P. W. 4) raised an out cry and fell down. Witnesses Thakurdas (P. W. 5), Prem Narayan (P. W. 3) and one Rajesh on hearing the out cry of Hari Prasad (P. W. 4) went to the place of incident and rescued him from the appellant. Hari Prasad (P. W. 4) lodged the report at about 8. 45 a. m. at Police Station, Bareilly, District Raisen. After usual investigation the police filed the the charge-sheet against the appellant Kamal Singh for offence under Sections 307, 341 and 506-II of the Indian Penal Code.

(3.) THE appellant abjured his guilt and in defense stated that he has been falsely implicated because of enmity.