BHAGWAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is filed against the judgment of conviction and sentence dtd. 5/4/2000 passed by the learned First Additional Session Judge, District Dewas (M.P.) in ST No.192/1992, whereby, the appellant has been convicted under Sec. 307 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced to undergo 05 years R.I. with fine of Rs.1000.00.

(2.) As per the prosecution case, on 15/3/1998 at about 02 PM, the complainant Bhagwan singh with his maternal uncle Manishankar reached his field where one Jivan Gari was grazing his goats, he interrupted for not grazing the same and took the stick of Jivan. Due to the said hot talk, at about 11 PM in the night, Bandi @ Narendra Singh, Badri Gari, Jivan Gari with other co-accused persons reached the house of complainant, Manishankar opened the door. At that time, Dinesh Patel, maternal uncle of Bhagwansingh came there, during the scuffle, an unknown person assaulted with Katar on the stomach of Dinesh Patel, thereafter, the appellant alongwith other co-accused fled away from the spot. On the same date, the complainant/injured was taken to the hospital at Ujjain. Thereafter, the police recorded the statements of the witnesses and registered the FIR under Ss. 147, 148, 149 and 307 of IPC. After completion of investigation, charge-sheet was filed. Thereafter, the learned trial Court has framed charges against the appellant under Sec. 147 and 307 of IPC. Later on, the matter was committed to the Court of Session.

(3.) In support of the case, the prosecution has examined as many as 14 witnesses namely Omprakash (PW-1), Chagganlal (PW-2), Suresh (PW-3), Ramnarayan (PW-4), Dinesh Patel (PW-5), Manishankar (PW-6), Bhagwansingh (PW-7), Bhahadursingh (PW-8), Kailash (PW-9), Vikramsingh (PW-10), Yashwantsingh (PW-11), S.P. Singh, Sub-Inspector (PW-12), Arvindra Kumar (PW-13), Dr. P.N. Verma (PW-14). No witness has been adduced by the appellant in his defence.