IQBAL Vs. STATE OF M P

JUDGEMENT

(1.) The appellant/accused Iqbal has been convicted under Section 307 of I.P.C. and sentenced to seven years rigorous imprisonment and fine of Rs.200/-and in default, rigorous imprisonment of three years vide judgment dated 5.1.1993 passed by First Additional Sessions Judge, Sagar in Sessions Trial No.305/90. Against this judgment, this appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) According to the prosecution story, some amount of complainant Narayan was due on the appellant Iqbal and when the complainant Narayan demanded that amount, at that time, the appellant threatened him. After a week of this incident, on 16.6.90, PW-1 Narayan again demanded the amount from appellant Iqbal. At that time, Iqbal entered into the shop of Narayan and caused several injuries by means of knife on the person of Narayan. At the time of this incident, another accused was also present, who caught hold of Narayan. After the incident, the report Ex.P./4 was lodged by Narayan on the date of incident. Narayan was sent to hospital for medical examination where, PW-8 Dr. V.K. Rawat examined him and his report is Ex.P./11. Narayan was admitted in the hospital and first page of bed-head ticket Ex.P./13 was prepared by this doctor. PW-7 Dr. Vinay Kumar Mishra, Radiologist, on the basis of X-ray plates Ex.P./10-A and Ex.P./10-B found that there was fracture of eighth rib of injured Narayan and he sent his report Ex.P./10 to Police. PW-9 Dr. Radha Charan Agrawal also examined Narayan and thereafter, on query, he submitted his report Ex.P./15 and according to it, the injury No.2 was on vital part of the body, which was grievous in nature and sufficient to cause death.

(3.) The Investigating Officer, PW-6 Bhagwandas Pant, during investigation, prepared site plan Ex.P./1 and recovered pieces of stones from the place of incident and seizure memo Ex.P./2 was prepared. The blood stained clothes of Narayan were also seized vide seizure memo Ex.P./3. On 20.6.90, memorandum Ex.P./5 of appellant Iqbal was recorded and thereafter, the knife was seized and seizure memo Ex.P./6 was prepared. The seized articles were sent to F.S.L. and the F.S.L. report is Ex.P./9. After completion of investigation, the charge-sheet was filed against the appellant/accused Iqbal as well as against co-accused Munna @ Govind, but the trial Court acquitted this co-accused and the appellant Iqbal was convicted as stated above.