RAMESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 29-11-1994 passed by Sixth Additional Sessions Judge, Bhopal in S. T. No. 377/1993 whereby the appellant was convicted under Section 307 of the IPC and sentenced to undergo R. I. for 5 years and to pay fine of Rs. 1000/- and in default, to suffer R. I. for 3 months with a further direction that in case of recovery of fine the entire amount be paid to complainant Gagan (PW3) as compensation. By that judgment only, co-accused Mohd. Shafique was acquitted of the offence. Admittedly, no appeal has been preferred by the State against the order of acquittal.

(2.) The prosecution case, in short, may be stated thus -

(3.) The appellant abjured the guilt and pleaded false implication due to animosity in view of non-payment of an amount of Rs. 500/- as charges due for repairing Gagan's scooter in the workshop run by him. An alternative defence that the injuries were received by Gagan in a vehicular accident was also raised by making reference to the case diary statement (Ex. D/3) of his father Premnarayan in the chief examination of ASI S. L. Pandey, who though examined as prosecution witness No, 6 was wrongly permitted to be transposed as defence witness No. 1 (See. State of M. P. v. Badri Yadav and Anr. AIR 2006 SC 1769 : (2006 CriLJ 2128).)