RITESH JAISWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is directed against the judgment passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Ujjain in Sp.S.T.No.80/1999 dated 01.01.2000, whereby the learned Special Judge found the present appellant guilty under Sec. 307 of Penal Code and sentenced him to 4 years R.I. and fine of Rs.400.00 and also ordered to undergo further imprisonment of 3 months in case of default of payment of fine.

(2.) The prosecution case in brief is that on 29.11997, at about 4 P.M. the complainant Prashant along with his younger brother Raj Dronawat went to STD booth of Rakesh Shah which was managed by Yogendra Singh Bhadoria. When they were on the STD booth, appellant Ritesh came there along with two other co-accused persons. Appellant Ritesh was carrying a knife, another co-accused were carrying Khanjar and Iron rod. It was alleged that after reaching on STD booth, the present appellant and other co-accused started giving blows by knife, Khanjar and iron rod due to which the complainant sustained injuries. The matter was reported to the police and the complainant was taken to district Hospital, Ujjain, where Dr.M.D.Sharma examined him and prepared MLC report. Various injuries were found in his body including penetrating wound on his left chest. Subsequently, during the treatment it was found that his pleura and diaphragm were cut and due to the penetrating injuries the abdominal cavity was filled with blood. A corrective surgery was performed and subsequently, complainant was discharged. After due investigation charge sheet was filed.

(3.) The appellant along with other co-accused faced trial under Sec. 307 read with Sec. 34 of Penal Code and Sec. 3(2)(v) and 3(1)(x) of SC/ST(Prevention of Atrocities) Act (hereinafter referred to as 'Act').