NARENDRA BALIRAM SEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Relying upon the judgment passed by the Apex Court in the Case of Bani Singh & others vs. State of U.P., (1996) AIR SC 2439, the matter has been heard in absence of counsel of the appellant.

(2.) The appellant has filed the present appeal challenging the judgment dated 30/12/2005 passed by the Sessions Judge, Katni in Sessions Trial No.162/2005 thereby convicting the appellant for committing an offence under Section 304(II) of the IPC with R.I. for 10 years and fine of Rs.1000/- in default to pay fine, further RI for 3 months.

(3.) In short the prosecution story is that on 07/06/2005 at about 2 O " lock, Smt. Budhdi Bai (PW-1) wife of the deceased Ramlal called her husband to take launch at Hair Cutting Shop and she saw that appellant was causing injury to her husband by scissor and due to this injury Ramlal fell down. She came to rescue her husband then appellant ran away to village side with scissor. Thereafter the wife of the deceased has lodged an FIR at Police Station Barhi. The Police has registered a case against the appellant and after completion of the investigation, the challan has been filed before the competent Court. Since the matter is under trial to the Court of Session, therefore, the same was committed to the Sessions Court from where it was received by the trial Court for trial.