NITIN KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Nitin Kumar stands convicted for offence punishable under section 307, Indian Penal Code and sentenced to R.I. for four years with fine of Rs. 2,000.00 in default whereof further R.I. for one month's by the impugned judgment and order dated 30 -11 -2001, passed by Additional Sessions Judge, Jabalpur in S.T. No. 381/2000.

(2.) THE prosecution case in brief is that on 26 -5 -2000 complainant Vijay Kumar Shukla was standing at his shop situated near Bengali Club and when he was going to urinate, he saw appellant Nitin and co -accused Asif indulging in eve -teasing. The complainant asked the accused persons not to do so. On this, co -accused Asif caught hold of the complainant and appellant Nitin dealt a knife blow on his chest. Appellant dealt another blow on the left forearm of the complainant and he undertook two other blows on his palm. After the incident both the accused persons took to their heels.

(3.) THE complainant was taken to Victoria Hospital where he was examined by Dr. S.A. Khan (PW. 4). He found as many as four injuries on the person of complainant Vijay Kumar as per his report Ex. P. 5. The patient was referred to Medical College, Jabalpur but instead of taking him to Medical College, Jabalpur, he was taken to National Hospital, Jabalpur. On the information received from National Hospital, Jabalpur, Sub Inspector J.P. Tiwari, P.S. Garha, reached there and recorded the Dehati Nalsi vide Ex. P. 1. On the basis of Dehati nalsi, first information report Ex. P. 20 was drawn at the police station. During investigation, spot map was prepared. Blood stained earth and plain earth was recovered from the spot. Blood stained clothes of complainant Vijay Kumar were recovered. Appellant was arrested on 29 -5 -2000. In pursuance of the information given by appellant Nitin Kumar, a knife was seized as per Ex.P. 16. Seized articles were sent to F.S.L. Jabalpur Unit. Ex.P. 22 is the report of F.S.L. Jablapur Unit. As per this report, blood was found on the earth recovered from the spot and on the shirt recovered from complainant. No blood was found on the knife recovered in pursuance of the information given by appellant Nitin.