SUAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant/accused has preferred this appeal under Section 374 (2) of Cr.P.C. being aggrieved by the judgment dated 21.08.1997 passed by IIIrd Additional Sessions Judge Chhatarpur, in Sessions Trial No.196/93, convicting and sentencing him under Section 324 of I.P.C. for R.I. one year with fine of Rs. 250/- and in default of depositing the fine amount, further one month additional R.I.

(2.) The facts giving rise to this appeal in short are that, on dated 25.8.1993 the victim Nathuram Sharma accompanied with Abhiyan Singh, B.K. Naik and C.L. Goutam while returning from the Block Development Office visited the house of B.K. Naik, and when they were returning from such house, at the same time on the way the appellant Suan Dhimar, a suspended peon of Block Development Office Baxwaha, under the influence of liquor intercepted the victim Nathuram and with intention to cause his death gave a blow of knife on him on which victim sustained the injuries on his left palm and the blood was profused, in continuation, second blow of knife was given by the appellant resultantly victim also sustained the injury on his left leg and fell down. Thereafter the appellant fled away. The victim lodged the report to the Police Station Baxwaha Ex.P.10, on which he was sent to the hospital where after carrying out the medical examination by Dr. Ashok Bodake (PW-6), his MLC report (Ex.P.8) was prepared. The appellant was arrested. The interrogatory statements of the witnesses were recorded. On completion of the investigation, the appellant was charge-sheeted for the offence under Section 307 of I.P.C.

(3.) After committing the case to the Sessions Court on evaluation of the chargesheet, a charge of Section 307 of I.P.C. was framed against the appellant. He abjured the guilt on which, the trial was held. On appreciation of the evidence after extending acquittal from the offence of Section 307 of I.P.C., he was convicted and sentenced under Section 324 of I.P.C. as stated above on which the appellant has come to this Court with this appeal.