BANTI @ KUNDAN MAHOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appellant has presented this appeal to challenge his conviction vide judgment dated 29.11.2013 passed by X Additional Sessions Judge, Gwalior in Sessions Trial No. 166/2011 and sentence to undergo rigorous imprisonment of ten years and a fine amount of Rs. 5000/- with default stipulation of one month, with respect to conviction for offence punishable under Section 307 read with Section 34 of IPC whereas for commission of offence under Section 506 of IPC, the appellant has been sentenced to undergo six months rigorous imprisonment.

(2.) The Prosecution has alleged against the present appellant that, on 24.12.2010, at around 2 PM in the afternoon, the appellant along with the co-accused Raju inflicted a stab wound on the abdomen of the complainant Mahesh (PW-1)) by using knife which triggered excessive bleeding and thereafter, the appellant yet again attempted to inflict second stab wound; however, complainant (PW-1) grabbed his hand which resulted in an incised wound on the right hand of complainant. At this stage, the relative of complainant reached the place of incident which prompted the appellant to escape. However, while running away, the appellant intimidated the complainant by shouting that if any complaint is made, the appellant would kill him. The incident was witnessed by people passing by the place of incident. This incident was narrated to the Police on the same day leading to registration of FIR (Ex. P-1) whereafter complainant was taken to the Doctor for medical examination and subsequently, a report (Ex. P-8) was prepared that observed the injuries to be grievous in nature.

(3.) The Police apprehended the appellant on 27.12.2010 and on his indications recovered the knife used in commission of the said offences which was concealed by the appellant at a secluded place. The Police also sent the clothes worn by complainant for forensic examination and the FSL Report was received on 30.05.2012.