MAHESHCHANDRA AND ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present Criminal Appeal is arising out of the judgment of conviction dated 26.08.1998 passed by the 5th Additional Sessions Judge, Ujjain in Sessions Trial No.51/1997, whereby the learned Sessions Judge has convicted the present appellants under Section 307/34 of the IPC each and sentenced them to 5 years rigorous imprisonment each and fine of Rs. 1,000/- each with a default stipulation.

(2.) The facts of the case reveal that on 19.10.1996 at about 10:45 pm, when the complainant Rajesh was roaming around in the city to see idol of goddess Durgaji near Nayapura Tarana, his way was blocked by Mahesh and Manish and it was alleged that Manish assaulted him by a knife. He was taken to the hospital by Dipesh and Ritesh and the First Information Report (Exhibit-P/8) was lodged in the matter with quite promptitude.

(3.) The Station House Officer referred him for medical treatment (Exhibit-P/9) and he was examined by doctor (Exhibit-P/5) and the complainant was having a wound of ¾ x 1/2 inches above his chest below collar bone.