IMRAT @ PATIRAM @ DINAMARU Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 30.9.1997 passed by the First Additional Sessions Judge, Betul in S.T.No.4/1997, whereby the appellant has been convicted of offence under Section 307 of IPC and sentenced to 7 years Rigorous Imprisonment.

(2.) The prosecution's case, in short, is that, on 13.9.1996, at about 10.30 p.m., the complainant Ramlal (P.W.9) was returning to his house from the house of Bhaiyalal (P.W.1) at village Pandra (Police Station Ranipur, District Betul). He was accompanied by his wife Phullo Bai (P.W.5). When Ramlal reached near his house, suddenly the appellant Imrat @ Dinamaru emerged in front of the complainant Ramlal and threatened to kill him. Thereafter, he gave two blows of dagger to the abdomen of the victim and immediately ran away. Ramlal and his wife Phullo Bai started shouting and therefore, witnesses Bhaiyalal (P.W.1), Kailash (P.W.2) and Shankar (P.W.4) reached the spot. Ramlal told them about the assailant and the incident. The witness Kailash has claimed before the police that he saw the incident. Ramlal was taken to the Police Sation Ranipur, where he had lodged an FIR, Ex.P/9. He was sent for his medico-legal examination and treatment. Dr.K.S.Ahirwal (P.W.10) examined the complainant Ramlal at Community Health Center, Ghodadongri and gave his report, Ex.P/10. He found two stab wounds to the victim Ramlal on his abdomen. He referred him to the District Hospital, Betul. Dr.G.P.Choubey (P.W.12), a surgical specialist treated and operated on the abdomen of the complainant Ramlal. He found a cut on the bladder in Ramlal's abdomen and therefore, that cut was stitched and the abdomen was again closed. He found that the external injury was co-related with the internal injury caused to the complainant Ramlal. He prepared a bed-head ticket, Ex.P/15 and also OPD slip, Ex.P/14. During investigation, a dagger was recovered from the appellant, which was sent to Dr.Ahirwal for its examination. In report of FSL, Ex.P/18, blood was found on the dagger recovered from the appellant. After due investigation, a charge-sheet was filed before the JMFC, Betul, who committed the case to the Court of Sessions and ultimately, it was transferred to First Additional Sessions Judge, Betul.

(3.) The appellant abjured his guilt. He took a plea that his sister was married to Shankar, son of the complainant and she was ousted from the house by Shankar. She was peacefully residing with the appellant and due to that enmity, a false case has been lodged against the appellant. However, no defence evidence was adduced.