BABLOO ALIAS SUJEET Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Babloo alias Sujeet, after having been convicted in S.T. No. 195/91 under Section 307, I.P.C., wherein he was awarded R.I. for 5 years together with a fine of Rs. 500.00 and under Section 324, I.P.C. for causing injuries to two persons, namely Motilal and Ganesh and sentenced to 4-4 months' R.I. on the said counts together with a fine of Rs. 100-100.00, approached this Court by means of present appeal for selling aside the conviction and sentence.

(2.) The appellant is resident of village Madhia, district Sagar and appears to be a religious person as the occurrence in question took place when the appellant, complainant Shailendra, Motilal and Ganesh were participating in a Keertan. The alleged incident took place on 24/08/1990 in village Madhia during the night hours while the Keertan at the resident of Rama (P.W. 10) was going on. The report of the occurrence was lodged by Shailendra (P.W. 11) at about 2.00 a.m. in the night the same day at P.S. Cantt. Sagar, which is Ex. P/9. In the alleged incident Shailendra, Motilal and Ganesh received injuries.

(3.) According to prosecution, in the night of 24/08/1990 at the house of Rama (P.W. 10) in village Madhia Keertan was going on, wherein complainant Shailendra (P.W. 11) was present and he was playing Jhoola (musical instrument). Motilal (P.W. 12), Lalloo Patel (P.W. 13) and Ganesh (P.W. 14) were also participating in the said Keertan, while Keertan was going on the accused-appellant is said to have taken said 'Jhoola' from the hands of complainant Shailendra, which was objected to by him, where at the accused-appellant caught him and took him out side the house of Rama (P.W. 10) and inflicted knife injuries on his chest as well as leg. Motilal (P.W. 12) and Ganesh (P.W. 14) who went there to pacify the matter were also inflicted injuries by knife by the accused-appellant. However, the matter could be acified by Lalloo (P.W. 13) and Rama (P.W. 10). Thereafter the report of the alleged incident was lodged by Shailendra (P.W. 11) at P. S. Cantt. Sagar and a case was registered as Crime No. 325/90. After investigation of the crime, charge-sheet was submitted that the case was handed over to the Sessions Court.