GANESH SHIVHARE Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal under section 374(2) of Cr.P.C. being aggrieved by judgment dated 24.9.1996 passed by the Eighth Additional Sessions Judge, Jabalpur in S.T. No. 152/89 whereby the appellant has been convicted under section 307 of IPC and sentenced to R.I. for 5 years with fine of Rs. 5000/-, with default stipulation.

(2.) The facts, in short, giving rise to this appeal are that on 19.10.1987, the appellant came to the house of complainant Rajendra Kumar having knife in his hand, threatened him to kill and assaulted him by knife. The complainant sustained three injuries on his cheek, stomach and heard. When Munna tailors and other witnesses came to rescue the complainant, the appellant fled away from the spot. Complainant lodged the First Information Report at Police Station Belbagh, Jabalpur.

(3.) After usual investigation, the appellant was arrested and charge sheeted before the Chief Judicial Magistrate, Jabalpur, who committed the matter to the Court of Sessions. The learned Additional Sessions Judge framed the charges under section 307 of IPC.