RAJESH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has challenged his conviction and order of sentence passed by sixth Additional Sessions Judge, Bhopal in S. T. No. 378/93 vide judgment dated 17-03-94.

(2.) APPELLANT has been convicted under Section 307 of IPC and sentenced to rigorous imprisonment for four years with fine of Rs. 1,000/- in default, further R. I. for six months by the impugned judgment.

(3.) ACCORDING to prosecution, on 04-07-1993, at about 12 O'clock at night, complainant Hari had gone to the house of the appellant, on being called by his mother to pacify the appellant who was beating his wife. When complainant hari reached the house of the appellant at Kainchi Chola, Bhopal, he found that appellant was beating his wife. Complainant Hari tried to intervene and pacify him, but the appellant got annoyed and picked up a knife and gave a knife blow to the complainant in his abdominal region with intent to kill him. As a result, complainant sustained injury and started bleeding profusely. He was then rushed to Hamidia Hospital, Bhopal. The police was informed by the hospital authorities. The FIR in the form of Dehati Nalishi was recorded at the instance of injured hari in the hospital. On the basis of his report, an offence was registered against the appellant at P. S. Hanumanganj and was investigated. During investigation, the knife used in the commission of the offence was seized at the instance of the appellant. After due investigation, appellant was prosecuted under Section 307 of IPC and was put to trial.