MANISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 of Cr.P.C. has been filed against the judgment and sentence dtd. 28/06/2006 passed by Sessions Judge, Bhopal in Sessions Trial No.25/2005, by which appellant has been convicted and sentenced for the following offence:- <FRM>JUDGEMENT_47_LAWS(MPH)1_2024_1.html</FRM>

(2.) Facts necessary for disposal of present appeal in short are that on 10/12/2004 at about 11:30 in the night, complainant Shailesh Saraswat was going back to his house along with his friends. He stopped near Sadana medical store to chew Paan. At that time, appellant- Manish Bhadoriya, who was already present on the Paan shop, started abusing him and extended a threat that he would abduct his wife and would kill his son and would also kill the complainant. When complainant asked as to what is the difficulty with him, then accused pushed the complainant. When the complainant was about to leave, appellant extended a threat and gave a knife blow in the abdominal region of the complainant. Second knife blow was also made, however he was caught hold by the by-passers. He came back to his house and informed the incident to his wife Shalini (PW-3) and brother-in-law Avinash (PW-5). They took the complainant to 1250 hospital from where he was referred to Hamidia Hospital or Ayushman Hospital. Accordingly, complainant was shifted to Ayushman Hospital where he was treated by Dr. Ashutosh (PW-1). Dehati Nalishi was lodged by Avinash. Statements of witnesses were recorded. Appellant was arrested and a knife was seized vide seizure memo. Accordingly, charge-sheet under Sec. 307 of IPC read with Sec. 25/27 of Arms Act was filed.

(3.) Trial Court by order dtd. 13/06/2005 framed the charge under Sec. 307 of IPC and under Sec. 25/27 of Arms Act.