UTTAM BELDAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been preferred under section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 11.8.2011 passed by First Additional Sessions Judge, Satna in S.T. No.296/2006, whereby the appellant has been convicted under section 326 of I.P.C. and sentenced to R.I. for 5 years with fine of Rs.2,000/ -, in default of payment of fine, he has to suffer further R.I. for three months.

(2.) Facts , in short, are that on 14.9.2006, at about 11.15 A.M., complainant Vineet Gupta was going to Palika Bazar, Stana. Appellant Uttam Beldar and co -accused Sallu Yadav intercepted him, abused him and appellant Uttam Beldar took out a knife and assaulted him by the same. He sustained injury on his left hand. Appellant again gave a blow of knife on his stomach and another on back side. Therefore, he fell down there and the incident was witnessed by Manoj Tandon and Gudda Bagari. Then, complainant lodged the report at P.S. Nagod. He has been sent to civil Hospital, Nagod, from where he has been referred for treatment to district Hospital, Satna.

(3.) Appellant abjured the guilt and pleaded false implication. On appreciation of evidence on record, though the trial Court acquitted the appellant from the charges under sections 341, 294 and 307 of the I.P.C., however, he has been sentenced under section 326 of I.P.C. and convicted and sentenced as mentioned hereinabove, hence this appeal.