MAHESH PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) In this criminal appeal, the judgment delivered on 12/1/2023 by the First Additional Sessions Judge, Gadarwara, district Narsinghpur, in Sessions Trial No.22/2019 has been challenged under which the appellant was convicted under Sec. 307 of IPC and was sentenced to seven years RI and a fine amount of Rs.2,000.00 with default clause.

(2.) The brief facts of the prosecution case are that on 30/12/2018 at about 11:30 a.m. complainant Pannalal Patel was near his field and his brother Paramlal was standing in the field for arranging water for irrigation, when appellant Mahesh Patel came there carrying an axe and started hurling abuses; Complainant Pannalal Patel objected to it, this led the appellant to give complainant four blows with the axe in his hand which caused two injuries in his head, one in neck and one in left hand. The incident was seen by Paramlal and Jairam. FIR was lodged, complainant was medically examined and other proceedings were undertaken in the investigation of crime. It was revealed in the query report that the injuries caused to the complainant were dangerous to life and could have been caused by the axe seized from the appellant. After completion of trial, the appellant was convicted and sentenced by the impugned judgment.

(3.) The grounds taken in this appeal are that the learned court below failed to appreciate the evidence available on record and could not understand the fact that the appellant was falsely implicated in the case. There were major contradictions, omissions and improvements in the evidence of prosecution witnesses. Many of the witnesses did not support the prosecution story which makes it reasonable doubtful. Only on the basis of testimony of related witnesses, the finding of conviction has been given. The injuries caused to the complainant were not sufficient in the ordinary course of nature to cause death. The seizure of weapon i.e. the axe was also not proved beyond doubt. The appellant is in jail since 31/12/2018 and has no previous record. Hence, the prayer for acquittal is made in the memo of appeal. During final arguments, it was pleaded by learned counsel for the appellant that if the conviction is maintained, the appellant be released from custody for the period already undergone.