DALEEP @ SHYAMSUNDER Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure 1973 by appellant/accused has been preferred against a judgment dated 1st October 2009 delivered in Sessions Case No. 140/2009 by the Third Additional Sessions Judge, Bhind (M.P.), convicting the accused for causing injury by means of knife to Nathuram, which is an offence punishable under Section 324 of I.P.C. and sentencing him to suffer two years' rigorous imprisonment.

(2.) The facts of the case, in short, are that on 20th May 2006 at about 10.30 a.m. near the house of complainant Nathuram, a quarrel on account of fetching of water from public hand pump situated at Meera Colony, took place between the complainant, his brother Dhansu and accused and his brother Gunga @ Arvind. It is alleged that in the said quarrel, accused-appellant by using a knife caused injuries on the abdomen of complainant. It is further alleged that during incident, Gunga @ Arvind, brother of the accused also received injury on his head caused by the brother of the complainant, resulting his death, during treatment. The complainant lodged the F.I.R. in Police Station City Kotwali Bhind on the basis of which a Crime No. 172/2006 for offence under Section 307/34 against accused and his brother was registered.

(3.) The contention of the learned counsel appearing for the appellant is that the judgment under appeal is against the law and procedure and therefore same is liable to be set aside. It is submitted that the trial Judge convicted the accused/appellant without properly considering the evidence as placed on record. There is not iota of evidence pointing out to the guilt of the accused for causing such injuries. It is submitted that in a quarrel of all of sudden on the spot, the accused gave a blow but that too without any motive or intention and if any injury is inflicted by the accused that may be caused in moments of excitement and disturbed mental equilibrium as a result of attack on the body of his brother or to save the life of his brother, in defence. It is accordingly prayed that by allowing the appeal, judgment under challenge may be set aside and the accusedappellant may be acquitted of the offence and/or in alternative it is prayed that the sentence impugned being harsh may be reduced to undergone sentence by awarding adequate compensation to the injured under Section 357 of Cr.P.C.