BRIJESH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved with the judgment dated 09-11-2004 passed by learned Additional Sessions Judge, Karera District Shivpuri in S.T.No.61/2003 whereby the appellant has been convicted of the offence under Section 307 of IPC and sentenced to 7 years RI with fine of Rs.500/-.

(2.) Brief facts in short are that on 21-07-2002 at about 10:30 am the complainant Naval Singh (PW-9) had visited the police station, Karera along with Harnam Singh (PW-10) and lodged the FIR that he was working at Nursery of Banspahadiya. On 21-07-2002 he found that one unknown person was cutting a tree of Eucalyptus with an axe and when the complainant prohibited him, he gave a blow of an axe on his abdomen and therefore, his intestines came out. The complainant held his intestines with his hands then the accused gave the second blow of axe on his left hand. Complainant fell down on the ground and on shouting Harnam Singh (PW-10) came on the spot and then the assailant ran away. After registration of FIR, the victim was sent to the District Hospital Shivpuri for medico legal examination and treatment. Dr. C.M. Tripathi (PW-6) examined the complainant and gave the report Ex-P/9. He found lengthy incised wound on his abdomen and intestines were coming out of that wound. He also found an incised wound on left arm of the victim. The victim was sent for surgery and admitted in the hospital. His general condition was normal. Dr. D.C. Shrivastava (PW-7) recorded the dying declaration of the victim Naval Singh as Ex-P/6-A. Dr. M.L. Agrawal (PW-8) examined the victim Nawal Singh radiologically and gave his report Ex-P/10. The fracture on left humerus bone was found. After due investigation, the appellant was arrested and Test Identification Parade was also arranged before Naib Tahsildar on 30-09-2002 in sub-jail Karera but the victim could not identify the appellant. However, a charge-sheet was filed before the Additional Chief Judicial Magistrate, Karera District Shivpuri against the appellant who committed the case to the Court of Sessions and ultimately it was transferred to the Additional Sessions Judge, Karera District Shivpuri.

(3.) Appellant abjured his guilt. He did not take any specific plea but he told that he was innocent. In defence, Bhagwati Prasad (DW-1), Vipin (DW-2) were examined.