KAILASH KUMAWAT Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed by the appellant/accused under section 374 of the Cr.P.C being aggrieved by the judgment dated 30.1.1997 passed by the III Addl. Sessions Judge, Bhopal in Sessions Trial No.327/95 whereby he is convicted and sentenced under section 326 of the IPC for RI 3 years with fine of Rs.1000/-, in default of depositing the fine for further six months simple imprisonment.

(2.) The facts giving rise to this appeal in short are that on 16.6.95 at about 8 O' Clock in the morning the victim/complainant Ajay Dua (PW 2) lodged the FIR at P.S. Piplani, Bhopal against the appellant contending that yesterday on 15.5.95, appellant Kailash under influence of liquor, abused him with filthy languages and also threatened to give him a blow of knife and today at about 7 O' Clock in the morning, after stationing his autorickshaw when he was standing at the auto-stand of Piplani, appellant Kailash came and abused him with filthy languages, at the same time, the driver Shankar also came there in whose presence, after taking out the knife from his pocket, appellant Kailash gave him the first blow on right side of his abdomen and second blow on his right thigh, resultantly, he sustained the injuries with bleeding. Subsequent to the incident, appellant fled away from the spot. Soon-after the incident, he came to the police station and lodged the report. On such report, the crime was registered against the appellant for the offence of section 307,294 and 506 of the IPC. The victim was sent to the hospital, where after medical examination, his MLC report (Ex,P/7) was prepared by the then CMO Dr. Mukul Sharma. Looking to the nature of the injuries he was referred to consultants of surgical branch and orthopedic branch, on which, they have given their opinion and Dr.S.K.Saxena (PW 4) had also carried-out surgery of the victim with respect of abdomen of the victim. After arresting the appellant and interrogating the witnesses, the prima facie ingredients of the aforesaid offence were made out against the appellant, on which, he was chargesheeted for the same.

(3.) After committing the case to the Sessions Court, on evaluation of the charge-sheet, the charges of the above mentioned offence were framed against the appellant. He abjured the guilt, on which, the trial was held. After recording the evidence, on appreciation of the same, the appellant was acquitted from the above mentioned charge of section 307,294 and 506-B of the IPC, instead it, he was held guilty under section 326 of the IPC and sentenced as stated above. Being dissatisfied with such conviction and sentence, the appellant has come to this court with this appeal.