GOVINDA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal against the judgment dated 2-11-1999 passed by the learned First Addl. Sessions Judge, Chhindwara, in Sessions Trial No. 99 of 1998 convicting him under Sections 452, 506 (B), 324 of the Indian Penal Code and under Section 25 of the Arms Act and sentencing him to undergo rigorous imprisonment for 1 year and fine of Rs. 200/-, rigorous imprisonment for 1 year, rigorous imprisonment for 2 years and rigorous imprisonment for 1 year and fine of Rs. 200/- respectively. All the sentences are directed to run concurrently.

(2.) IN nutshell the prosecution story is that complainant Jijabai lived in village Mungus Gadgaya with her husband Ramkrishna and husband's second wife Shashikala. It is alleged that in the night of 4-4-1998 when she was inside her house and was seeing television programme on the first floor, accused Govinda armed with a sword and accused Babarao with Bichhua came to her house and knocked the door. When she opened the door, they came in and threatened that they will kill her and they assaulted her by their respective weapons. When her husband Ramkrishna and Shashikala came to save her, accused persons also assaulted them as a result of which Jijabai, Ramkrishna and Shashikala suffered injuries on hands, chest and thigh.

(3.) ACCORDING to Jijabai (P. W. 4), accused persons wanted to grab her property after killing her. In the past also they had threatened her. In the next morning injured persons went to police station where jijabai lodged the report (Ex. P-12 ). The police registered the case under Sections 452 and 307/34 of the Indian Penal Code against the accused persons. During investigation the police went at the spot, prepared the spot map, seized blood stained earth and clothes of the injured persons. It also recorded the statements of witnesses. On 6-4-1998 the police arrested accused Govinda and on his information seized a sword from a Nala situate near the house of complainant. Accused Babarao was also arrested and on his information a Bichhua (Chhuri) was seized lying by the side of the railway line. Injured persons were sent for medical examination to Community Health Centre, Pandhurna, where Dr. K. R. Shakya (P. W. 2) examined their injuries. According to the medical report of Jijabai (Ex. P-3), she had suffered stab wound on thigh, several stab wounds on left arm, two stab wounds on her breast, one incised wound on right hand finger and one incised wound on right hand wrist. All the injuries were found to be simple in nature. On the same day Shashikala, wife of Ramkrishna, was also examined. As per her medical examination report (Ex. P-5), she was found to have sustained one incised wound on left forearm, two incised wounds on right arm and one abrasion on forehead. All the injuries were found to be simple in nature. On examination of injured Ramkrishna doctor found three incised injuries on his nose, left forearm and on right upper arm, respectively and one abrasion on right arm. All these injuries were simple in nature. The injury report of Ramkrishna is Ex. P-7.