PREM NARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT has been convicted under section 307 of IPC and sentenced to three years rigorous imprisonment with fine of Rs. 2,000/ - in default rigorous imprisonment for six months by the then VI Additional 'Sessions Judge, Bhopal, in ST No. 99/1985 decided on 5.2.1991. Being aggrieved by the aforesaid order of conviction and sentence, the appellant has preferred this appeal.

(2.) ACCORDING to prosecution, on 25.2.1985 at noon time there was an altercation between the appellant and his father -in -law Kashiram in which the complainant had intervened and thereafter complainant Ramesh went to his work. When complainant Ramesh returned from his work and was lying down in his jhuggi after taking food, at about 9:30 p.m. he was called outside by the appellant through one Suresh. As soon as complainant Ramesh reached near the jhuggi of Rampyaribai, where the appellant was standing, appellant assaulted him with a knife on his head twice with intent to kill him and thereby caused injuries on his head. Immediately Suresh and Bhagwandas rushed there and rescued the complainant. In the mean time appellant escaped and ran away with the knife.

(3.) APPELLANT abjured the guilt and pleaded false implication due to enmity.