MUNNA Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has preferred this criminal appeal under Section 374 (2) of Cr.P.C. feeling aggrieved by the impugned judgment of conviction and sentence dated 24.7.2003 passed by Second Additional Sessions Judge, (FTC), Ganj Basoda district Vidisha in S.T.No. 183/2000, whereby held the appellant/accused guilty under Section 307 read with 34 of IPC and sentenced to 2 years 3 months RI with fine of Rs. 500/-; in default of payment of fine further 3 months RI.

(2.) Briefly stated facts of the case are that on 6.5.2000 the complainant Avadh Narayan Gurjar S/o. Ajab Singh was going to sell the 1111110 in the morning at 7 am, at that time, appellant/accused Munna together with other co-accused Avadh Narayan S/o. Pratap (who is found to be below the age of 18 years, hence, his charge sheet has been filed before the Juvenile Court) came there and thereafter, it is alleged that both the accused persons abused the complainant and thereafter, present appellant/accused Munna had caught hold the hands of the complainant and thereafter, co-accused Avadh Narayan had caused an injury to the complainant by means of knife on left side of abdominal area. The matter has been reported to the police Station Ganj Basoda on which basis, the police had registered a case under Section 307/34 of IPC and sent the complainant for medical examination to the government hospital where Dr. K.K. Shrivastava (PW1) examined the complainant and found one stab wound on left side of the abdominal area. During investigation, spot map has bren prepared; accused persons have been arrested and after due investigation, charge sheet has been filed.

(3.) Appellant/accused abjured the guilt and his defence was of false implication. Learned trial Court after due appreciation of the entire evidence on record by the impugned judgment held the appellant/accused guilty for the offence under Section 307/34 of IPC and sentenced him as stated hereinabove. Aggrieved by which, the appellant has preferred this appeal.