SHANKARLAL & ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal appeal is directed against the judgment passed by 6 th Additional Sessions Judge, Ujjain in Session Trial No.289/1994 dated 24.12.1997 whereby, the learned Sessions Judge found the present appellants guilty under Section 307 of IPC and sentenced them to 5 years rigorous imprisonment and fine of Rs.2,000/- and also rigorous imprisonment of six months by way of default stipulation.

(2.) The prosecution story in brief was that on 02.06.1994 at about 9:30 pm, some altercation took place between Radheshyan and appellant Shankarlal and they were entangled with each other. The injured Mukesh was driving the tractor belonging to Nagu (P.W-3). Kailash (P.W-2) was also sitting on the tractor. The injured Mukesh (P.W-1) stopped the tractor and was observing the altercation between those two persons. Subsequently, they were released by two other persons Jagannath and Gopal. After this incidence, he proceeded towards the field of Gopal and sounded horn, on which, the present appellants got irritated and threw a brick, which hit the staring of the tractor, and subsequently, the injured left the tractor and tried to run towards the house of Nagu (P.W-3). The appellants caught hold of him and inflicted as many as seven incised wounds on the body of the injured out of which injury No.5 was on abdomen and due to which duodenum, small intestine and large intestine of the injured were cut at various places. When he was operated by Dr. M.A. Sheikh (P.W-5) his abdominal cavity was found filled with blood.

(3.) As per prosecution story, the injured was first taken by Nagu (P.W-3) to the police station, where he lodged the report ExhibitP/1, and thereafter, he was taken to hospital, Barnagar where he was examined by Dr. S.K. Jain (P.W-17) and in the morning of 03.06.1994 at 3:00 am an operation was performed by Dr. M.A. Sheikh.