PHENDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 374 of Cr.P.C. by the appellant being crestfallen by the judgment dtd. 29/12/2017 passed by the learned 2nd Additional Sessions Judge Sendhwa, District-Barwani in Sessions Trial No.90/2015 whereby the appellant Phenda has been convicted for the offence under Ss. 307 of IPC, 1860 and sentenced to undergo 7 years R.I. with fine of Rs.500.00 and default stipulation.

(2.) Briefly stated facts leading to the present appeal in short are that the complainant lodged a complaint that the complainant borrowed the money Rs.1,200.00 from the accused/Phenda, out of which Rs.1,000.00 was paid to the accused. Thereafter, the accused purchased some goods from the kirana shop of the complainant. On 19/4/2015 at about 8:00 o'clock, the accused met with the complainant and demanded borrowed money Rs.200.00, in reply, the complainant said to him that money is due over him, as and when the due amount paid to complainant, the same will be returned to the accused. On this sequence, upon aggression, accused used filthy language and assaulted the complainant with knife and caused injuries. On screaming of complainant, his son Suresh and his wife Shelubai came on the spot, as they reached, the accused threw his knife and fled away. Thereafter, the complainant took the said knife and went the Police Station to lodge report alongwith his son Suresh, Sarpanch Banshilal. Thereafter, the police party, following due procedure, arrested the accused person, registered the case against the appellant. After necessary investigation, charge-sheet was filed against the appellant under Sec. 307 of IPC.

(3.) In turn, the case was committed to the Court of Session vide order dtd. 29/12/2017 and thereafter, appellant was charged for offence under Sec. 307 of IPC. He abjured his guilt and took a plea that he had been falsely implicated in the present crime and prays for trial.