CHAIT RAM YADAV Vs. STATE OF M.P

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 15/09/1997 passed by IInd Additional Sessions Judge, Seoni in S.T. No. 37/1994 convicting the appellant under section 307 IPC for attempting on life of Shaheed Khan (PW -2) and sentenced to 4 years R.I and fine of Rs.1000/ - and further convicted under section 324 IPC for causing injury to Sheikh @ Mustaffa (PW -1) and sentenced to 6 months R.I.

(2.) FACTS of the case, in short, are that 06/09/1993 at about 8.30 pm, appellant was making quarrel with one Naseem saying that why he threw torch light at his face, PW -2, who was incidently passing from there, made intervention and separated them. Appellant then pushed PW -2 from his back side and assaulted a knife blow landed on small finger of right hand of PW -2. Hearing noise, Sheikh @ Mustaffa (PW -1) also came to make an intervention, appellant dealt a knife blow landed on the abdomen of PW -1. One Balram and Ramdas (PW -3) also reached on the place of occurrence and took PW -1 to hospital in rickshaw. PW -2 lodged a report at Kotwali, Seoni against the appellant and one Kutti (acquitted co -accused).

(3.) A case at Crime No. 475/1993 under section 307/34 IPC was registered. PW -1 and PW -2 were sent for their medical examination. PW -2 then was referred for further treatment to the hospital. Police arrested the appellant on 09/09/1993 and recovered the knife at his instance. Police sent the knife to Forensic Science Laboratory, Sagar for chemical examination. After completing investigation, police submitted the charge sheet.