MANOHAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellant being aggrieved by judgment dated 30.4.1997 passed by the Additional Sessions Judge, Dindori District Mandla in S.T. No. 84/96 whereby the appellant has been convicted under Section 307 of the IPC and sentenced to R.I. for 7 years with fine of Rs. 5000/- with default stipulation.

(2.) The facts, in short, giving rise to this appeal are that on 28.2.1996 at about 12:00 O'clock while complainant Gariba and other witnesses were sitting in the house of complainant Gariba, the appellant entered into his house and inflicted two knife blows on his stomach and fled away from the spot. A report was lodged at P.S. Dindori. The complainant was rushed to the Hospital where Dr. Ashok Gaud (PW-8) treated him and prepared MLC report (Ex.P-8). It was opined that the injuries caused by the complainant were immediate dangerous. Thereafter, the complainant was referred to the Surgical Specialist at District Hospital Mandla.

(3.) The appellant was arrested and charge sheeted before committal Court from where the case was committed to the Court of Sessions from where the case was made over to the trial Court. The learned Additional Sessions Judge framed the charge under Sections 307 of the IPC against the appellant.