RAKESH Vs. STATE OF M.P

JUDGEMENT

(1.) BY this appeal under Section 374 of the Cr.P.C., the appellant Rakesh has challenged his conviction for offence under Section 324 of the IPC and sentenced to 3 years rigorous imprisonment with fine of Rs.500/ - and in case of default, he was sentenced to undergo 3 years additional rigorous imprisonment. The judgment was passed by Sessions Judge, Ujjain in Sessions Trial No.30/2006.

(2.) THE prosecution case as briefly stated is that on the date of the incident i.e.02.08.2001 when the complainant was going to her office and on the way she met her husband. The accused/appellant asked the complainant about her salary and demanded money, complainant refused and upon this the appellant abused and assaulted her by knife, as a result complainant/Durga Pandey sustained injuries. The offence was registered under Section 307 of the IPC at Crime No.395/2001. On completion of investigation the accused was duly charged and committed to his trial.

(3.) THE accused abjured his guilt and stated that he was falsely implicated in the matter. The Trial Court on considering the evidence, convicted and sentenced the accused as hereinaboveindicated and hence the present appeal. Counsel for the appellant has vehemently stressed the fact that according to Dr.C.L. Banodiya (PW.2),the injuries sustained by the appellant were simple in nature, it is mentioned in the paragraph No.5 of the judgment. Counsel has urged that the conviction is contrary to the principles of law. The Court below has failed to appreciate the evidence and there are material omissions and contradictions in the testimony of the prosecution witnesses. However, the prosecution has been unable to prove the offence under Section 324 of the IPC . Counsel also stated that the appellant has almost undergone custodial sentence 03 months approximately. Counsel prayed that the appeal deserves to be allowed and the judgment of conviction deserves to be set -aside. In alternate Counsel has prayed that if the Court is satisfied regarding the conviction the custodial sentence be reduced to the period already undergone.