SACHIN CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the present appellant being aggrieved by the judgment dtd. 17/2/2020 passed by the learned Fifteenth Additional Sessions Judge, Jabalpur (M.P.), in Sessions Trial No.93 of 2017 whereby the appellant Sachin @ Changu Choudhary has been convicted for the offence punishable under Sec. 326 of the Indian Penal Code and appellants Ajay Choudhary and Umesh Choudhary have been convicted for the offence punishable under Sec. 326/34 of the Indian Penal Code and sentenced to suffer three years rigorous imprisonment each with fine of Rs.1,000.00 each, with default stipulation.

(2.) As per the prosecution case, on 4/12/2016, at about 8:45 p.m., the complainant, Smt. Gulab Bai, was present at her residence when she heard loud shouts and abusive language emanating from outside her house. Upon immediately rushing to the spot, she witnessed the accused, namely Changu alias Sachin and Bhutta alias Umesh, assaulting her son, Suraj, with a knife, with the apparent intention to cause his death. The accused inflicted a knife blow on the stomach of Suraj, as a result of which blood started oozing from the injury. Thereafter, the accused persons continued to hurl filthy abuses at the complainant and her daughter and openly threatened to kill Suraj. Upon hearing the complainant's cries for help, Anandi Chaudhary and other persons from the locality arrived at the spot and intervened, whereupon the accused fled from the scene.

(3.) After completion of the investigation, a charge sheet was submitted in the competent court, which on its turn committed the case to the court of session from where it was made over to Fifteenth Additional Sessions Judge, Jabalpur (M.P.) for trial.