PHOOL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Section 374(2) of Cr.P.C. being aggrieved by conviction and sentence recorded by Sessions Judge, Hoshangabad in S.T. No. 177/96 vide order dated 14.10.1997 whereby the appellant has been convicted under Sections 307 of the IPC and sentenced to R.I. for 5 years.

(2.) The case of the prosecution, in short, is that on 14.3.1996, cow of the appellant entered into the field of complainant Narmada Prasad and caused damage to his crops, thereafter, when Narmada Prasad was taking the cow to Kanji House, appellant intercepted him and gave one blow on his head and one blow on right leg by an Axe. Narmada Prasad sustained injuries. The incident was seen by brother of complainant namely Surendra Kumar. The complainant was taken to the hospital, where he was treated by Dr. Mahendra Kumar Chourey (PW-2). The report was lodged by Surendra Kumar. The appellant was arrested.

(3.) After usual investigation, the appellant was charge sheeted before the JMFC, Seoni Malva, who committed the case to the Court of Session. The learned Sessions Judge, Hoshangabad framed the charge under Sections 307 of the IPC.