(1.) This criminal appeal is filed under the provision of section 374(2) of Cr.P.C. (hereinafter shall be referred as 'the Code') by the appellants against the impugned judgment dated 24/11/1997 passed by Ist Additional Sessions Judge, Sehore in Sessions Trial No.102/1996 whereby they have been convicted under Section 307 of IPC and sentenced to R.I. for seven years and fine of Rs.5,000/ - with default stipulation.
(2.) The case of the prosecution in short is that on 3/06/1996 in the night at about 3.15 AM when complainant Bhagwandas @ Guddu was sleeping at his home, appellants Ganesh Yadav and Gaya Prasad Yadav came over there and call the complainant to accompany them for theft of fencing wire. Some dispute arose between them and appellant Gaya Prasad caught hold the complainant Bhagwandas and appellant Ganesh Yadav inflicted injuries on his abdomen by gupti (sharp edged weapon). Complainant raised the alarm on which Jagdish, Kamal, Kailash, Sarvan and other villagers reached there and witnessed the incident. Complainant Bhagwandas immediately admitted in the hospital. Biharilal lodged the FIR at police station Sehore. For further treatment Bhagwandas was shifted to Hamidiya Hospital, Bhopal. During investigation, appellants were arrested. The blood stained cloths of complainant and gupti used in the incident were also seized and the blood stained articles were sent for chemical examination to FSL, Sagar. After completion of due investigation, appellants were charge -sheeted. They abjured the guilt however, on the available record, learned trial Court framed the charges against the appellants and put the trial.
(3.) In order to bring home the charges against the appellants the prosecution examined 13 witnesses and placed FIR on record and exhibited the documents vide P/1 to P/11. Defence of the appellants were total denial but they did not choose to file any defence evidence. The learned trial Court after appreciation of evidence found the appellants guilty for the offence punishable under section 307 of IPC and convicted and sentenced them as mentioned above, hence this appeal.