KHAJU SHAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed the present Criminal Appeal being aggrieved by the judgement dated 17.10.2011, passed by the Additional Sessions Judge, Ratlam in Sessions Trial No.288/2010 by which he has been convicted under Section 307 of IPC and sentenced for 7 years RI with a fine of Rs.200 (in default 15 days RI due to non-payment of fine).

(2.) As per prosecution story, the complainant Salman was brought to the Civil Hospital, Ratlam after sustaining an injury by a knife. On his information, an FIR (Exhibit P/6) was registered. According to the complainant, he was going to Alot and then the accused Khaju met and started abusing him, when he objected then Khaju took out a knife and inflicted an injury on his stomach. The brother of the complainant Raees tried to catch him, but he ran away on his M-80. The complainant injured was examined by the Doctor who submitted report as Exhibit P/7. Thereafter, the Police has arrested the accused vide Arrest Memo (Exhibit P/6). On his statement under Section 27, Exhibit P/3 the knife and two wheeler was recovered. The Police has also recovered clothes containing blood stains. All the seized articles were sent for examination. After completing the usual investigation, challan was filed before the JMFC and the trial was committed to the Sessions Court. Session Court has framed the charges under Section 341, 294, 506 (Part-II) 307 and 324 of the IPC. The appellant/accused denied the charges and trial was proceeded. The prosecution examined 11 witnesses as PW-1 to PW-11. Doctor P. Sharma gave a query report about the injury and submitted that the injuries caused on a vital part of the body is dangerous to life and on the basis of query report, the charges under Section 307 of IPC was added.

(3.) After appreciating the evidence on record, learned Trial Court has discharged the accused under Sections 294 and 506 Part II but convicted him under Section 341, 307 and 324 of IPC, hence, the present appeal before this Court.