BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been filed on behalf of the appellant under Sec. 374 being disgruntled by the order dtd. 14/3/2023 passed in Sessions Trial No. 110/2021, whereby the appellant has been convicted for the offence under Sec. 307 of the Indian Penal Code, 1860 (hereinafter referred as to 'IPC') for 5 years with fine of Rs.25,000.00 and default stipulation and acquitted the appellant for the offence under Sec. 294 of IPC.

(2.) The Prosecution case in a nutshell is that on 1/2/2021 at about 5:30 in the evening, the complainant-Anokchand @ Praveen and his elder brother went to the market, where after completing work, his elder brother was ought to sit on motorcycle, at the same time, accused Babu @ Babulal came with stick (lathi) and started to abuse his elder brother Trilok, on stopping him, accused Babu @ Babulal said, "you made home at my land, I will kill you". Thereafter, with intention to kill, accused assaulted Trilok on the head and left hand. Due to which, blooding was started and Trilok, elder brother of the complainant, fell down. Accused fled away from the spot. The incident was seen by some relative and nearby the persons. They admitted him in the hospital. An FIR was lodged by the complainant bearing Crime No. 25/2021 for the offence punishable under Ss. 294 and 307 of IPC at Police Station Balakwada, District Khargone.

(3.) In turn, after completion of investigation, charge-sheet was filed and the case was committed to the Session Judge and thereafter, appellant was charged for offence under Ss. 307 and 294 of IPC. He abjured his guilt and took a plea that he had been falsely implicated in the present crime and prayed for trial.