OMKARLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this criminal appeal, the appellant challenges his conviction under S.324, Indian Penal Code, and sentence of 8 months' rigorous imprisonment thereunder, recorded by the Additional Sessions Judge, Guna, in Session Trial No. 144 of 1982 dt/-19-7-1983. The appellant in the trial was charged for having committed an offence punishable under S.307, I.P.C.

(2.) Prosecution case during the trial was that on 17-10-1982 at or about 10.30 a.m. at village Aron, when Deshraj was grazing his cattle near a well in company of one Lakhu, the appellant arrived at the spot after having armed himself with pharsa and knife and asked both of them to disrobe. Deshraj and Lakhu were compelled by the appellant to sit on the ground, and then the appellant said that he would kill them. The appellant, it is further alleged, attacked Deshraj with pharsa and knife and, thus, inflicted injury upon his head near the right ear and arm. At this stage, Lakhu fled away from the spot towards Police Station. The appellant also fled away at this stage. Deshraj was then taken to Police Station Aron where he lodged the first information report at 11.25 a.m.

(3.) During the trial, Dr. P.K. Gupta (P.W. 4),who had examined the injuries of Deshraj, stated that Deshraj was aged 12 years and had the following injuries on his person :