MADAN AND OTHERS Vs. STATE OF MP

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure (for short 'the Code') is directed against judgment and order dated 08/12/1998 rendered by 16th Additional Sessions Judge, Indore in S.T. No.621/1995, whereby appellant No.3 Shivram has been convicted under Section 307 of the Indian Penal Code (for short 'IPC') and appellant No.1 Madan and No.2 Kamal have been convicted under Section 307/34 of IPC and each has been sentenced to 7 years RI with fine of Rs.1000/- and further RI of 6 months in default of payment of fine.

(2.) The prosecution story, briefly stated, is that on 1 st of February, 1995 around 5 p.m. complainant - Nathu (P.W.1), resident of Shanti Nagar, Indore was coming back from the house of Dallu (P.W.3). When he reached near Bhil Baba temple, appellants Madan, Kamal and Shivram caught hold of him and after hurling abuses, assaulted him by kicks and fists. Appellant Shivram dealt with two knife blows on the back of Nathu. The appellants, thereafter fled away from the spot. Dallu (P.W.3) and Rajesh (P.W.2), who were present over there, witnessed the incident. On the same day around 8.45 pm, Nathu (PW.1) lodged First Information Report (Ex.P/1) in this regard against the appellants. Nathu was admitted in MY Hospital, Indore where he was examined and treated by Dr. Pradeep Kumar Banerjee (P.W.10) who found two stab injuries on the left scapular region as under:

(3.) Dr. Banerjee (P.W.10) advised for X-Ray examination of Nathu (P.W.1). Dr. Subhash Nasirkar (P.W.4), who on the same day conducted X-Ray examination, vide report Ex.P/5, found hydropneumothorax in the left side of the chest. The investigation ensued. During the course of investigation, spot map (Ex.P/11) was prepared and witnesses were interrogated. The appellants were arrested. A knife, vide Ex.P/9 was recovered from appellant Shivram. Apart this, a bamboo stick was recovered from Madanlal, vide Ex.P/10. Bloodstained shirt of Nathu (P.W.1) was also recovered, vide seizure memo (Ex.P/2). Nathu remained hospitalized till 8th December, 1995. After usual investigation, a charge-sheet was filed before the concerned Magistrate against the appellants for offences under Section 307, 324, 323, 294 read with Section 34 of 'IPC'.