JAMSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants, have preferred this appeal under section 374 (2) of the CrPC feeling aggrieved by the judgment of conviction and order of sentence dated 30.4.1997 rendered by 1st Additional Sessions Judge Alirajpur in ST No. 155/90 whereby the appellants have been found guilty under sections 307/34 IPC and sentenced to underge RI for 5 years with fine of Rs. 1,000/- in default further RI for 4 months.

(2.) THE brief facts of the case are that on 14.6.1989 appellants along with co-accused Kekdia who died during pendency of this case went to the house of complainant Jalmia and Shankar. After some hot talks, both the accused/appellants caused injuries to complainant Shankar and Jalmia by means of bow and arrows. The matter has been reported to Police Chandpur vide Ex. P-1. The police has registered crime under section 307/34 IPC. Injured Shankar and Jalmia were sent to Government Hospital, Alirajpur for medical examination. Dr. N.S. Dabar (W 7) examined Shankar and found two incised penetrating wound on the right side on the back and other on the right hand for which he issued his report Ex. P-15. Similarly, the doctor also examined injured Jalmia and found one incised penetrating wound on his right hand for which the doctor issued its report Ex. P-16. Dr. Banwarilal Khagar (PW 3) took out x-ray of injured Shankar and found arrow plate in the 4th vertebra. Ex. P-5 is the x-ray report. The police has recorded the statement of the complainants and other witnesses, arrested the appellant/accused and filed charge sheet before the trial Court. Both the appellants abjured their guilt and their defence is of false implication in the case. Learned trial Court, after due appreciation of the entire prosecution evidence on record, found the appellant guilty for the aforesaid offence and sentenced them as indicated above. Hence, this appeal.

(3.) IT is submitted by the learned counsel for the appellants that looking to the nature of injuries which has been caused by the appellants their intention to commit death of the complainants is not apparent on the basis of the medical report and on the basis of the statement of the complainant charge which can be found proved against the appellants is only at the most under sections 324, 326 IPC. Learned trial Court has wrongly held the appellants guilty under section 307 IPC, therefore, prayed for setting aside of the impugned judgment of conviction and order of sentence passed by the trial Court.