INDER KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Additional Sessions judge, Lakhnadon, District Seoni in S. T. No. 90/06, decided on 13. 11. 06.

(2.) APPELLANT has been convicted under Section 307 of ipc and sentenced to rigorous imprisonment for seven years with fine of Rs. 5000/-, in default further rigorous imprisonment for three months, by the impugned judgment.

(3.) ACCORDING to prosecution, on 14. 6. 06 about 8'o'clock in the evening at village Paudi when complainant dayaram was taking his meals at his house, appellant inder Kumar came there, kicked and pushed the doors of his house and abused the complainant. When complainant dayaram came out of his house and asked the appellant why was he abusing him, appellant gave him an axe blow in his chest region with intent to kill him; as complainant Dayaram turned his back, appellant gave another axe blow on his back resulting into serious injuries, and fled away. The FIR of the incident was lodged by complainant Dayaram at Police Station chhapara, on the basis of which an offence was registered against the appellant and was investigated. Injured Dayaram was sent for medical examination. Blood stained and plain earth was seized from the spot. Blood stained clothes of the injured were also seized. During investigation, the axe used in the commission of offence was also seized at the instance of the appellant. The seized articles were sent for forensic examination. After due investigation, appellant was prosecuted under Section 307 of IPC and was put to trial.