ANAND Vs. STATE OF M P

JUDGEMENT

(1.) Since both the appeals arose from the same judgment dated 19.8.1997 passed by the learned Additional Sessions Judge, Waraseoni, therefore, they are decided by this common judgment.

(2.) The appellant Narendra was convicted for the offence punishable under section 307 of IPC and sentenced for 3 years Rigorous Imprisonment with fine of Rs.500/-, whereas the remaining appellants were convicted for the offence punishable under section 323 of IPC and each sentenced with Rigorous Imprisonment for 3 months vide judgment dated 19.8.1997 passed by the learned Additional Sessions Judge, Waraseoni, District Balaghat in S.T.No.37/1992. Being aggrieved with the aforesaid judgment, the appellants have preferred the present appeal.

(3.) The facts of the case, in short, are that, on 14.7.1991, at about 9.55 p.m., Dr. Suresh Kumar Kawde (P.W.8), posted as Assistant Surgeon at Primary Health Center, Tirodi had sent a note to SHO, Police Station Tirodi, District Balaghat that the victim Shekhar was brought in the hospital having injuries caused by hard and sharp objects. Therefore, the SHO had sent a requisition to Dr.Kawde for recording his report after medico legal examination. Dr.Kawde recorded the MLC report, Ex.P/8 and he found that the victim sustained two incised wounds. One on left buttock and second one on the abdomen. There was swelling found near the abdomen and the victim was referred to District Hospital, Balaghat. Dr.G.P.Dubey (P.W.7) found various blood vessels of the victim cut under the wound caused in the abdomen. 2-3 liters of blood was found in the abdomen. It was cleaned and surgery was done. In the opinion of Dr.Dubey, injury of the abdomen was sufficient to cause death of the victim Shekhar. The police recorded the statement of the victim Shekhar and other persons and also seized a Gupti near a Nala. Shirt of the appellant Narendra was also seized and such seized articles were sent for forensic analysis. After due investigation, a charge-sheet was filed before the JMFC, Waraseoni, who committed the case to the Court of Sessions and ultimately, it was transferred to the Additional Sessions Judge, Balaghat.