KANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of Cr.P.C. by the appellant being aggrieved by the judgment of conviction and sentence dtd. 21/9/2023, passed by learned Additional Sessions Judge (SC/ST[PA] Act), Mandsaur, District-Mandsaur, in ST No.50/2016, whereby the appellant has been convicted for the offence punishable under Sec. 307 of IPC 1860, sentenced to undergo 7 years R.I. with fine of Rs.5,000.00 and usual default stipulations.

(2.) Brief facts of the case are that on 22/9/2015, at about 10.00 pm the appellant intoxicated with alcohol went to the house of the complainant and started hurling abuses in front of complainant's house, where his family members sitting outside. When complainant's son Dilip came out, persuaded the appellant to leave the place and forcefully took him to leave him in his house, while returning back the appellant assaulted him with axe on back side of the neck, due to which Dilip sustained injury and fell down unconscious. Thereafter, Munna Bai, Bane Singh, Narayan Singh and Kailash Bai came in rescue, then the appellant fled away hurling abuses. Injured was taken to Suwasara Hospital for treatment. On the basis of which Dehati Nalisi was filed against which FIR bearing crime No.224/2015 was registered before Police Station Suvasara, District Mandsaur for offence under Sec. 307 of IPC, 1860.

(3.) During investigation spot map was prepared, the blood stained cloths and sand were recovered, statements of the witnesses were recorded and FIR was registered under Ss. 147, 148, 149 and 307 of IPC, 1860. Appellant was arrested and his instance one axe was recovered. Seized articles were sent to forensic lab for analysis. After completion of investigation, charge-sheet was filed. Thereafter, the learned trial Court has framed charges against the appellant under Sec. 307 of IPC, 1860. Later on, the matter was committed to the Court of Session.