KATRU ALIAS SHAHID Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 24.2.1997 passed by learned IV Additional Sessions Judge, Rewa in Sessions Trial No.217/1994 convicting the appellant under Section 307 IPC and thereby sentencing him to suffer imprisonment of 5 years R.I. and fine of Rs.1000/-; in default of payment of fine additional S.I. of three months, the appellant has knocked the doors of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal since in detail they have been narrated in para-2 of the impugned judgment. However, for the ready reference it is made clear that the accused persons who were as many as six, arrived in the market and encircled the cycle-rickshaw on which the complainant-Sharda (PW-2) (hereinafter referred to as "the injured-complainant") was sitting. It is said that the appellant asked the acquitted co-accused Arun Bharti to bring lathi, but, he declined to pass over the same as a result of which this appellant went to a shop of barber from where he brought a stick and inflicted the umpteen injuries upon the injured-complainant Sharda (PW-2). It is also said that other co-accused persons who were armed with iron rod and lathi, they also inflicted the injuries, as a result of which injured sustained the injuries.

(3.) The FIR was lodged by the injured-complainant and on lodging of the FIR (Ex.P-15) the criminal law was triggered and set in motion. The investigating agency sent the injured to the hospital where he was examined by Dr. S.K. Pathak (PW-6) and upon examining the injured he referred him to another doctor Vijay Singh (PW-7).