KAMDEO Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant being aggrieved by the judgment dated 22.1.1997 passed by the Sessions Judge, Betul in Sessions Trial No. 98/95 convicting the appellant under section 307 of the Indian Penal Code for three years, RI with fine of Rs. 1,00/-, in default for further six months, RI has preferred this appeal under section 374 of Criminal Procedure Code.

(2.) AS per case of the prosecution on 24.4.1995 at about 8:30 in the night Chaman Lal son of Kartik Ram was going to market. On the way the appellant abused him by asking where he is going. But without taking notice of it he went to the market. After some time while he was returning from the market he was stopped by the appellant by using abuses with filthy language. He informed to his father Kartikram about this incident. On such infomration the victim Kartikram went to the appellant and asked him the reason for such incident on which the appellant became angry and took him away with him at some distance and gave him a blow of knife in his abdomen. Thereafter the appellant ran away from the spot. The incident was mentioned to the Jailer, the authority of the appellant. The victim was taken to hospital. On coming the Police to the hospital a Dehati Nalisi was written, on which the offence was registered at Police Station Begul. On holding investigation the appellant was charge-sheeted under section 307 of the Indian Penal Code.

(3.) LEARNED counsel for the appellant has submitted his limited submission. His first submission was that the injuries sustained by the victim were not sufficient to cause his death in ordinary course of nature. He referred the deposition of Dr. Ramesh Badaw (PW 3) and said that according to it no vital organ of victim was injured. So, merely on account of opinion of a doctor such injury could not be treated as sufficient for causing the death. According to him the offence was covered only under section 324 instead of section 307 of Indian Penal Code and prayed for conversion of the same. In the same sequence he said on conversion the same the offence under section 324 of Indian Penal Code is compoundable with permission of the Court, for which the parties have filed an application under section 320 of the Criminal Procedure Code. The same is pending for adjudication subject to findings of the Court in this regard and prayed for such permission just to maintain harmony between the parties. In alternate it was also submitted that in case the conviction of the appellant is maintained, then his jail sentence be reduced in view of the aforesaid circumstances upto the period for which he was remained in judicial custody and after the impugned judgment, till passing the order for suspension of jail sentence and prayed for allowing his appeal accordingly.