JITENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 27th november 2002, passed by Sessions Judge, Bhopal, in Sessions Trial no. 159/2002, convicting him under Section 307 of the Indian Penal Code and sentencing him to rigorous imprisonment for five years with fine of rs. 5,000/ -.

(2.) IN short the facts of the case are that on 10. 2. 2002 at about 1. 30 p. m. when complainant Firoz Khan @ Chhotu alongwith his friends Vipin and vinod was going on the motorcycle, near Jain Temple in Shabri Nagar, accused Jitendra inflicted a blow by a cricket stump on his head. Other co-accused viz. Banti @ Shailendra, Sonu and Sunil also assaulted him by iron rod and by fists kicks. As a result of head injury Firoz Khan fell down. Vipin and Vinod took him to Police Station, Nishatpura, Bhopal, where he lodged fir (Ex. P/1) against the accused persons. He was sent to Hamidiya Hospital for treatment. Dr. Kutubuddin Ali (PW-6) treated him and examined his injuries. C. T. Scan examination was also done. According to C. T. Scan report, on the back side of his head, there was a large sub dural haematoma with haemorrhage. Externally there was a lacerated wound on his left parietal region of skull measuring 4 cm x 0. 8 cm. There was no bleeding. According to his report (Ex. P/7) there was also a comminuted fracture of the left parietal bone. He performed an operation of craniology with evacuation of the sub dural haematoma. About 100 c. c. of blood was removed. In his opinion, the injury was dangerous to life.

(3.) AFTER investigation, charge sheet was filed and case was put up for trial against the present accused, co-accused Sonu and Banti @ Shailendra.