CHARNA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant Charna, having been convicted in Sessions Trial No. 79/84 for committing offence u/s 307 I.P.C. where under he was sentenced to five yearsT R.I. has approached this Court by means of present appeal, challenging his conviction and sentence under judgment dt. 14-3-1986 by AddI. Sessions Judge, Shahdol.

(2.) The occurrence in question took place on 22-5-1984 in village Sakrakhor P.S. Budhar, Distt. Shahdol and F.I.R was lodged on 23-51984 (Ex. P-4) at 11.40 a.m. by Radhe (PW 2) at the police station Budhar. In the incident in question Radhe (PW 2) is said to have received injuries which were examined by Dr. A.K. Jam (PW 1) and the injury report is Ex. P-i.

(3.) The prosecution case in brief was that in village Sakrakhor, the appellant, his widowed sister Budhwaria alias Koperhine (PW 6) and his mother Raiman (PW 7) alongwith Chimpe were living. In the same village, Radhe (PW 2) Jaykaran (PW 3), Faguna (PW 4) and Jhurha (PW 8) were also living. Radhe (PW 2) hurled abuses on Koperhine whereat there has been altercation between Radhe and Koperhine at the place of Faguna (PW 4). Regarding the altercation, Radhe (PW 2) wanted to give his explanation to the father of Koperhine but subsequent to the aforesaid altercation, when Radhe (PW 2) alone was going from the house of Faguna to his own house, then, he in the way was assaulted by the accused from behind with a Tangi (Axe) and one blow was given as a result of which Radhe ran from that place and fell down in the court-yard of Jaykaran (PW 3). At that time, Radhe was blood-stained and was telling that the accused had beaten him. Jaykaran (PW 3) informed the family members of Radhe and took Radhe to the police station Budhar where a report (Ex. P-4) was lodged on the next day and Radhe was immediately sent for medical examination vide Ex. P-i-A.