BHURU Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment dated 13.3.1999 passed by 2nd Additional Sessions Judge, Khargon in S.T. No.188/1994, by which the appellant has been convicted for offence under Section 307 of Cr.P.C. and has been sentenced to undergo the rigorous imprisonment of 7 years and a fine of Rs. 250/-, with default imprisonment.

(2.) The order sheets of this Court reveal that the appellant was initially granted bail by order dated 23.6.1999, however, on 10.8.1999, a submission was made by the counsel for the appellant that as the appellant could not furnish bail, therefore, he is still in jail and, accordingly, the extension was sought for furnishing bail. However on 6.9.1999, it was stated by the counsel for the appellant that the appellant has not furnished the bail so far and accordingly, the order dated 23.6.1999 by which the appellant was granted bail, was revoked. It appears that on 7.11999 this Court granted bail to the appellant, although on the said date none had appeared for the appellant. The appellant was directed to appear before the Trial Court, however, the bail papers are not on record. Thus, it is not clear that whether the appellant had furnished any bail or not. Thereafter, the case was taken up for hearing on 16.4.2018 but none appeared for the appellant and the case was adjourned and on 8.2018 also, none appeared for the appellant and, therefore, considering the fact that after obtaining the bail order from this Court, the appellant is not appearing and in view of the judgment passed by the Supreme Court in the case of Surya Baksh Singh Vs. State of Utter Pradesh, (2014) 14 SCC 222, this Court passed a detailed order and went through the record and heard the Public Prosecutor.

(3.) The necessary facts for the disposal of the present appeal in short are that on 11.1994 at about 9:00 PM, the complainant Raliya was sleeping on a cot in his house and at that time, the appellant who is brother of the injured Raliya, came there and scolded as to why he is sleeping there? The complainant replied that as his son-in-law Sursingh is having meals, therefore, he would take the meals after he completes his food. Thereafter, the appellant gave a lathi blow on the back of the complainant, as a result of which he stood up. The the appellant thereafter, gave a knife blow on the chest of the complainant Raliya. The son-in-law of the complainant, namely Sursingh came on the spot, to whom also, the appellant caused an injury on his left hand. Nephew, wife and daughter of the complainant came on the spot and saved the complainant. Since the complainant did not have any male issue, therefore, he had made his son-in-law Sursingh as "Gharjamai" and on this issue, the appellant had assaulted him with an intention to kill. The FIR Ex.P/6 was lodged by the complainant. The injured Raliya and Sursingh were sent for medical examination. A knife, on the disclosure statement of the appellant, was seized and the police, after concluding the investigation, filed the charge sheet against the appellant for offence under Sections 307, 324 of IPC.