RAJUWA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been filed by appellant-Rajuwa son of Nanuram kushwah against judgment of conviction passed by Additional Sessions Judge, indore, dated 8-11-1994 in Sessions Trial no. 427/92, convicting the accused under s. 324 of the I. P. C. and sentencing him to three years of rigorous imprisonment.

(2.) BRIEF facts as alleged by the prosecution are that Babu and accused-Rajuwa were resident of North Toda, Indore and on the date of incident i. e. 26-8-1991, Babu Sonkar and Mukesh had gone to see the Gujaria fair and were returning home at 9. 30 p. m. , when near the Indore Development Authority building they found the accused standing there and he had a gupti (knife) in his hand and he threatened Babu Sonkar stating that Babu Sonkar had filed report to the police Station, M. G. Road against his friend and only stating so, he suddenly plunged the knife into the stomach of Babu, threatening him to kill. As a result of which Babu sonker fell down on the ground bleeding and mukesh started shouting and Babu Sonkar's mother Pushpabai came running to the place of the incident whereas the accused ran away. Thereafter Mukesh and Pushpabai, took Babu in auto rickshaw to Police Station katkat-Pura, Indore, and Mukesh filed the F. I. R. and thereafter Babu Sonkar was sent to the M. Y. Hospital, Indore. The of fence was registered thereafter he was arrested and iron gupti/knife was recovered from him, the blood-stained clothes were also seized and sent to the F. S. L. and report received from the F. S. L. indicated that knife had human blood on it. On completion of the investigation the challan. was put before competent Court.

(3.) THE accused abjured his guilt and stated that he was falsely implicated in the matter. He did not cause any injury to any, person of in the name of Babu Sonkar with any gupti or knife. However, he did not examine any witnesses in his defence. The trial court on considering the testimony of witness p. W. 1 to P. W. 7 and the Ex. P-1 to Ex. P-11 on record, convicted the accused and sentenced him as (herein) above stated.