VISHWANATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment dated 29.1.1998 passed by the learned IVth Additional Session Judge, Rewa in Sessions Trial No.91/1996 whereby the appellant has been convicted under Sections 354 and 307 of the Indian Penal Code (for short the IPC ) and sentenced to rigorous imprisonment for six months and two years with fine stipulation respectively, appellant has preferred this appeal.

(2.) According to the prosecution case, on 27.9.1995, between 6 to 7 pm at village Shivpura Nibuha when victim Sunita (PW2) after throwing cow dung, went to attend the call of nature, at that time, someone had inflicted injuries by Knife on her stomach. Blood was oozing and she was rendered unconscious. Coming to know about the incident, her brother Jagjeevan Ram Mishra (PW3) reached to the spot and brought her to Police Station, where FIR (Ex.P/2) was lodged by him. After completion of investigation, charge-sheet was filed.

(3.) Statement of victim Sunita under Section 161 of the Cr.P.C. was recorded on 8/10/95, when she became able to speak after treatment.