LAKHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 24.1.1997 passed by the Additional Sessions Judge, Harda in S.T. No. 13/1996, whereby the appellant has been convicted of offence under Section 307 of the IPC and sentenced to five years R.I. with fine of Rs. 5,000/ -. In default of payment of fine, 15 months S.I.

(2.) FACTS of the case in short are that on 28.4.1995 at about 4:00 p.m., the complainant Narmada Prasad went to the house of the appellant at village Palasner to bring his wife back. When he requested the appellant then, the appellant abused him. Again Narmada Prasad requested the appellant not to use such words in the conversation then, the appellant suddenly gave two blows with dagger in his abdomen causing him fatal injuries. Narmada Prasad immediately ran away from the spot and reached to the dense locality of township of Palasner. On his shouting, Ganesh Prasad (PW -2) and Professor Radheshyam (DW -1) helped him. They took him to the Police Station, Harda on motorcycle. At about 5:35 p.m., on the same day, the complainant had lodged an FIR Ex. P/1. He was sent for his medico legal examination. Dr. Vinay Singh Mourya (PW -4) examined the complainant and gave his report Ex. P/4. He was referred to the District Hospital, Hoshangabad and ultimately he was referred to M.Y. Hospital Indore, where he had undergone with some operations and admitted for a longer period. After due investigation, the charge sheet was filed before the JMFC, Harda who committed the case to the Court of Additional Sessions Judge, Harda.

(3.) AFTER considering the evidence adduced by the parties, the Additional Sessions Judge, Harda convicted and sentenced the appellant as mentioned above.