(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 28-6-1996 passed by Vth A.S.J., Bhopal in S.T. No.491 of 1994, by which the appellant has been convicted under Section 307 of I.P.C. and has been sentenced to undergo the rigorous imprisonment of 5 years and a fine of Rs.500/- with default imprisonment.
(2.) The necessary facts for the disposal of the present appeal in short are that on 17-6-1994, at about 10:30 P.M., the appellant gave a knife blow to the injured Sunil Shrivastava and thereby caused an injury, which was dangerous to life. The admitted facts of the case are that the appellant as well as the injured Sunil Shrivastava and Sanjay Saini, Manokant Shrivastava and Gaya Prasad were invited in the reception of marriage of one Pramod Shrivastava. The daughter of Gaya Prasad asked for water. The injured Sunil Shrivastava requested the appellant to bring water, which was refused by the appellant. On this issue, there was a hot talk between the parties and all of a sudden, the appellant took out a knife and gave a knife blow in the abdomen of the injured Sunil Shrivastava. Gaya Prasad tried to snatch the knife from the appellant, as a result of which, he too sustained injury. Manokant and Sanjay took the injured to the hospital in an auto and the police was informed. The Sub-Inspector J.P. Khare reached Hamidia Hospital and recorded Dehati Nalishi. The injured was got medically examined. His bloodstained clothes were seized. The spot map was prepared. The appellant was arrested and a knife was seized from his possession. After completing the investigation, the police filed the charge sheet for offence under Section 307 of I.P.C. and under Section 27 of Arms Act.
(3.) The Trial Court by order dated 30-3-1995 framed charges under Sections 307 and 324 of I.P.C.
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