MANSU Vs. STATE OF M P

JUDGEMENT

(1.) This is the appeal preferred from jail by the accused Mansu Gond who on his conviction under section 324 of the I.P.C. has been sentenced to undergo one years R.I.

(2.) On 6.9.1985, the appellant-accused being dissatisfied to the partition of property amongst himself and his brothers had assaulted the brother P.W. 2 Mahesha by means of an axe resulting in incised wound on the right side of his shoulder. After investigation, the appellant-accused was put up for trial under section 307 of the I.P.C. The trial Court however in the light of incriminating evidence on record, convicted and sentenced the appellant toT the extent as stated at the outset. Hence, the present appeal from jail.

(3.) Advocate Shri Ajay Singh, appearing as an Amicus-Curiae for the appellant-accused, after scrutiny of evidence on record has candidly stated at the outset that he does not any longer press the appeal against conviction and prays only for reduction of sentence looking to the mutual relationship with the victim and also the fact that the appellant accused is an illiterate Gond belonging to an aboriginal tribe.