PEERU SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) T h e present appeal is filed against the judgment of conviction and sentence dtd. 31/7/1999 passed by the learned First Additional Session Judge, District Shajapur (M.P.) in ST No.37/1999, whereby, the appellant has been convicted under Sec. 307 and 450 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced to undergo 07 years and 05 years R.I. with fine of Rs.25000.00 and Rs.2000.00 with default stipulation.

(2.) As per the prosecution case, in the night of 24/11/1998, the complainant namely Ramesh came to his house at about 3:AM after irrigating the agriculture field. He was sleeping in the veranda after closing the door. At about 4:00 AM, one Peru Singh entered into the house and assaulted him on his chin and neck by means of sword with intention to kill him. After the assault, blood was oozing out and on his screaming, his mother son and other witnesses came on the spot. They have taken the injured to the hospital and lodged the complaint. Therefore, the police recorded the statements of the witnesses and registered the FIR under Ss. 450 and 307 of IPC. After completion of investigation, charge-sheet was filed and the case was committed to the Session Judge. Thereafter, the learned trial Court has framed charges against the appellant under Sec. 307 and 450 of IPC.

(3.) In support of the case, the prosecution has examined as many as 07 witnesses namely Ramesh (PW-1), Shailendra Singh (PW-2), Dr. A.R. Hardiya (PW-3), Arjun Singh (PW-4), Gopal Singh (PW-5), Hanumant Singh Panwar (PW-6), Dr. Virendra Kumar Rathore (PW-7). No witness has been adduced by the appellant in his defence.