SHIV PRASAD RAJWAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Shri Manoj Mishra, learned counsel for the appellant at the very outset submitted that he does not assail the impugned judgment dated 16-4-1990 passed in Sessions Trial No. 88/88 by the Sessions Judge, Ambikapur, on merit but would argue only on the question of sentence. As a result of submission made above, this appeal was head only on the question of sentence.

(2.) Brief facts are that the appellant is brother-in-law of Kendi Bai, P.W. 7 aged about 45 years. Jogendra Prasad is the son of Kendi Bai. The appellant was annoyed since Jogendra Prasad had cut the bund of the agricultural field. Annoyed by this , on 16-8-1987, the appellant went to the house of Kendi Bai and assaulted Kendi Bai thrice with an iron rod on the head. At that time Kendi Bai was carrying her small child in the arms. She attempts to prevent the assault by her right hand, as a result of which, her right index finger got amputed. Due to repeated assaults by the iron rod, Kendi Bai sustained three lacerated wounds on the frontal region of the scalp from right to left in size 2.5 cm x. .25 cm. x skin deep, 10 cm. x 5 cm. x bone deep and 12 cm x. 5 cm. x muscle deep with blood oozing from the wound. Kendi Bai was hospitalized till 5-9-1987. It was opined by Dr. P.C. Deshmuck, P.W.1, that the unjury sustained by Kendi Bai was dangerous to life and if not treated timely could have resulted in her death.

(3.) Relying upon the evidence led by the prosecution and the nature of the injuries sustained by Kendi Bai, learned Trial Judge convicted the appellant under Sec. 307 Indian Penal Code and sentenced him to undergo rigorous imprisonment for four years and a fine of Rs. 2000.00, in default of payment of fine to undergo imprisonment for one year.