RAGHUNATH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has filed this Criminal Appeal against his conviction under section 307 IPC vide judgment dated 24.6.1998 passed by Additional Sessions Judge, Barwaha and sentenced to undergo five years R.I. and fine of Rs. 1,000/- in default of payment of fine four months further R.I..

(2.) PROSECUTION story in short is that on 7.7.1996 at Sanawadh behind Indore Nagar Road at about 9.00 p.m. complainant Komal was going towards his house. When he reached behind the church, accused Raghunath came and inflicted two knife injuries in his stomach. As a result omentum (intestines) came cut from the stomach. Komal (PW 2) cried for help. On hearing cries, Poonabai (PW 9) came on spot and thereafter she brought cloth from her house and she tied up his stomach with cloth. In the meantime, Budhiya, father of Komal, Madan, Ramdas, Radheshyam and other persons reached on the spot and thereafter they took him to Civil Hospital, Sanawadh. Dr. Praveen Adhikari (PW 4) sent information to Police Station Sanawadh which was recorded at Roznamacha at page 452. Thereafter, Sub-Inspector Ramakant Chauhan went to hospital and issued memo for MIC. On medical examination, it was found by PW 4 Dr. Praveen Adhikari that there was incised wound (4 cm to 2 cm) in the left portion of his stomach and blood was oozing and intestines were also coming out. There was also another incised wound (3 cm to 2 cm) inside the stomach. Dehati Nalishi (Ex. P-7) was recorded and thereafter FIR (Ex. P-8) was written and the matter was investigated. Chargesheet was filed. Trial Court after recording the evidence of witnesses as well as medical evidence convicted the appellant under section 307 and sentenced to five years R.I. with fine of Rs. 1,000/- against which the appellant has filed this appeal.

(3.) AT this stage, Shri V. Yadav, learned counsel for the appellant submitted that the appellant was in jail during trial from 17.7.1996 to 4.11.1996 and with effect from 24.6.1998 he is in jail. His jail sentence was not suspended and he was not released on bail during the pendency of this appeal. He has already served jail sentence for more than five years. After considering the submissions of learned counsel for the parties, I find that sufficient evidence is available on record against the appellant for his conviction under section 307 IPC. Against the lesser jail sentence, State has also not preferred any appeal for enhancement of jail sentence. Appellant has already served jail sentence of five years and four months in default for not depositing the amount of fine. Thus, considering the totality of evidence available on record, I do not find any merit in this appeal. Thus, appeal being devoid of merit and substance is hereby dismissed.