LAWS(MPH)-2009-1-160

BALLI Vs. STATE OF M P

Decided On January 06, 2009
BALLI Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) Appellant Balli has been convicted under Section 324 of the Indian Penal Code and sentenced to one year rigorous imprisonment and a fine of Rs.1000/- or in default of payment of fine rigorous imprisonment for three months, by the impugned judgment dated 22.11.1999 passed in Sessions Trial No.263/1999 by the First Additional Sessions Judge, Sagar.

(2.) The victim of the incident is Sunil (P.W.4).

(3.) According to the prosecution case, on 12.5.1999 at about 9.30 p.m. the appellant caused one lacerated and one incised wound to Sunil (P.W.4) by means of a "Å "Baka " . The incident took place on account of old enmity. First information report, Ex.P7, was lodged within 15 minutes from the time of incident at Police Station Sagar Cantt, wherein he categorically named the appellant as his assailant. Sunil (P.W.4) has testified that appellant caused two injuries to him with a "Å "baka " . His testimony has been substantially corroborated by the evidence of Kamlesh (P.W.5). Sunil (P.W.4) was examined by Dr.B.C.Jain (P.W.1). His injury report is Ex.P1, which corroborates the evidence of Sunil (P.W.4) regarding the injuries received by him. There is ample evidence on record to hold that the appellant caused injuries to Sunil (P.W.4) with a "Å "baka " .