BANSIDAS Vs. STATE OF M P

JUDGEMENT

(1.) The appellants by this appeal assail order of conviction and sentence passed against them by learned 3rd AddI. Sessions Judge Ujjain in the matter of S.T. No. 152 of 1988 wherein the appellants have been convicted for offence under 5. 307, I.P.C. and sentenced to undergo R.I for five years each.

(2.) Production case in brief is that on 20/7/1987 at about 6.30 p.m. P.W. Laxminarayan was returning to his house along with prosecution witnesses Bansilal and Shakarlal, riding on his bicycle. When they came near Paliya, the appellants met them and out of them appellant Bansi Das stopped his bicycle and demanded Bidi. P.W. Bansilal gave Bidi to appellant Bansidas who lit that bidi and thereafter whipped out a knife and gave blow of it on left flank of chest of Laxminarayan. After receiving blow of knife from appellant Bansidas, Laxminarayan left bicycle and Started running with bleeding injury. As per prosecution case, at that time appellant Jagdish gave him two stick blows.

(3.) P.W. Bansilal and Shankarlal intervened. Thereafter wounded Laxminarayan was brought to Ujjain in a tempo where he was medically treated in the hospital. After necessary investigation, the appellants were tried before the learned AddI. Sessions Judge, who after recording evidence and appreciating it in view of the arguments advanced on behalf of the parties, passed order of conviction and sentenced as stated above.