MARBIN GEORGE Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 15.10.1999, passed by the Second Additional Sessions Judge, Murwara, Distt. Katni, in S.T. No.192/1996, whereby the appellant has been convicted for the offence under Section 307 of IPC and sentenced to 6 years RI with fine of Rs.500/- with default stipulation.

(2.) The prosecution story is that, on 2.5.1991 at about 9.00 am Complainant-Rajesh alongwith with his friend Rajnish Shukla were going to his home. When they reached near the gate of Piyush College, the appellant and co-accused Munnu surrounded the appellant and threw red chilly powder into the eyes of Rajesh. Thereafter the appellant inflicted injury by knife on the back side of Rajesh and again on his chest. The appellant and Munnu both fled away from the spot, threatening to kill them. FIR was lodged by Rajesh, in Police Station, Katni and Crime has been registered against the appellant and co-accused under Sections 341, 294, 324 and 506-B of IPC.

(3.) After appreciation of evidence of the prosecution witnesses, the learned trial Court found that offence under Section 307 of IPC has not been proved against co-accused Munnu as he had no intention to kill the complainant. On the basis of evidence of Rajesh (PW1) corroborated by other witnesses particularly medical evidence, the learned trial Court found the appellant-Marbin George guilty for commission of offence under Section 307 of IPC. Hence he has been convicted under Section 307 of IPC and sentenced for 6 years RI with fine of Rs.500/, in default of fine, 2 months RI.