MUKIMUDDIN ALIAS MUKIM Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal by the appellant against his conviction under Section 307, Indian Penal Code, 1860 (hereinafter referred to as 'ipc for short) and sentence of 4 years Rigorous Imprisonment plus fine of Rs. 1000/- and in default 6 months' Rigorous Imprisonment.

(2.) PROSECUTION case in brief was that on 15-12-1990 at about 9 a. m. appellant assaulted Rajendra Santlani and caused knife injuries. This was done to take revenge, as the victim as Manager of Indian Oil Depot, Ratlam was instrumental for the dismissal of the appellant as driver of private oil tanker. According to prosecution story, on the day of incident, when Rajendra Santlani was on his way to the depot on his scooter, the appellant sprang from behind a wall and gave fist blows. As result Rajendra fell down, thereafter, appellant caused knife injuries to him in the thigh, on his knee and abdomen below the costal line. Rajendra was taken to the District Hospital. Incident took place near GRP Station in the Railway Yard and was reported by GRP Constable babu Katiyar that somebody stabbed Rajendra on the road, therefore, radheshyam Tewari ASI GRP, went to hospital, where he recorded the statements of Ashok Kumar, Prabhkar and Anwar. He also received intimation from the doctor on the basis whereof he recorded the Dehati Nalishi at 12. 15 in the afternoon and for its registration forwarded to the GRP Station on which fir (Ex. P-3 ). After completing the investigation, charge-sheet was filed against the appellant and he was put up for trial. At trial, appellant abjured his guilt and submitted that he has been falsely implicated. The learned Sessions judge, on the basis of prosecution evidence, found the appellant guilty of having committed offence punishable under Section 307, accordingly convicted and sentenced him as mentioned above.

(3.) THE present appeal was set down for hearing on various dates and despite names of the Counsels being duly reflected in the cause list none had appeared to argue the appeal. Therefore, in the light of principle of law laid down in the decision of the Supreme Court in Bani Singh Vs. State of U. P. , (1996) 4 SCC 720, instead of dismissing the appeal in default, the entire evidence as recorded by the Trial Court was perused and examined in the light of the grounds raised in the Memo of appeal for the decision of the appeal on merit.