CHARANJIT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants being aggrieved by the judgment dated 30. 9. 1999 passed by learned Additional Sessions Judge, multai, District Betul in Sessions Trial No. 235/1998 convicting each of the appellant under Section 307/34 I. P. C. sentencing them to undergo rigorous imprisonment for three years and pay fine of Rs. 1000/- in default of payment of fine to undergo further R. I. for one year have filed this appeal.

(2.) THE prosecution case in brief is that on 22. 4. 1998 at about 8. 00 p. m victim Pintu (P. W. 1) had gone on the public tap/hand pump to fetch water, accused Charanjit Singh was mishandling the hand pump, seeing that the complainant asked him not to spoil or damage the pump, the accused taking an exception to the same took out a knife and caused injuries to the victim. Immediately thereafter Surjit Singh, brother of the accused and Shankar Singh, father of the accused came on the spot caught hold of the victim Pintu @ virendra, gave him some beating and also exhorted to kill him. On that accused Charanjit Singh caused further injury to the victim on his head thereafter, on intervention of some persons the victim could be saved. The matter was reported to police, the victim was referred to the hospital for examination and repair of his injuries, panchanamas were prepared, arrests were made and statements of the witnesses were recorded. The accused persons were prosecuted and on completion of the trial they were convicted and sentenced as referred to above.

(3.) SHRI Dubey, learned counsel for the appellants, after taking me through the statements of P. W. 1 Pintu submitted that the accused persons were not known to the victim, therefore, in absence of a test identification parade the accused persons could not be convicted.