GOKULSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the judgment dated 10-3-2003 passed by learned Sessions Judge, Dewas, in S. T. No. 135/2002 thereby convicting the appellant under Section 307 of IPC and sentencing him to undergo R. I. for five years with fine of Rupees two thousand, in default of payment of fine, further R. I. for one year.

(2.) THE L. C. for appellant does not wish to press this appeal on merits so far as the involvement of the appellant for causing injury to injured Sunil (P. W. 1) is concerned. The contention of the L. C. for appellant is that even if the complete prosecution case is accepted, offence would not travel beyond under Section 326 of IPC. The L. C. has invited the attention of this Court towards the statement of the complainant Sunil (P. W. 1), eye-witness Bherulal (P. W. 3), the medical evidence of Dr. Sushil Kumar Khare (P. W. 6) and Dr. Alok Shrivastava (P. W. 7) as well as the FIR (Ex. P-31) recorded by Yeshwant singh Sachan (P. W. 10 ). The contention of the L. C. for appellant is that appellant and the complainant injured Sunil (P. W. 1) were not having any previous enmity. On the contrary, they were having reasonable relation and from the appellant, Sunil (P. W. 1) had purchased the bicycle in Rs. 550/- out of which he had paid Rs. 530/- rupees and he was to pay only Rs. 20/- to the appellant Gokulsingh. On the date of incident, in the night at 9. 30 p. m. , the appellant met him near Village Naka and demanded remaining Rs. 20/- on which sunil (P. W. 1) sought sometime to pay this amount because at that time he was not having the same. On refusal by Sunil (P. W. 1), appellant started beating him by slaps. The dispute was pacified by Bharatsingh and Bherusingh but immediately after separation, the appellant caused two injury to Sunil by knife. Injury No. 1 was simple in nature and injury No. 2 at the stomach was opined as dangerous to life in absence of immediate and effective treatment. The L. C. has also pointed admission of victim Sunil (P. W. 1) in para six that during scuffle he had also given two to four fist blow to the appellant.

(3.) BHARATSINGH (P. W. 2) has also stated that appellant and complain-ant Sunil (P. W. 1) were having verbal quarrel and both had grappled. On his intervention, they were separated. Thereafter the appellant caused knife injury to Sunil. This witness has also admitted in paragraph five that during the course of incident, complainant Sunil has also assaulted appellant by fists. Same is the statement of Bherulal (P. W. 3 ).