RAJENDRA VERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by Sessions Judge, Sehore in s. T. No. 83/99 decided on 28. 9. 99.

(2.) APPELLANT has been convicted under Section 326 of IPC and sentenced to rigorous imprisonment for three years with fine of rs. 2,000/-, in default further rigorous imprisonment for six months, by the impugned judgment.

(3.) ACCORDING to prosecution, on 14. 2. 99 about 2 `o'clock in the noon, when complainant Hariprasad was returning to village phoolmogra alongwith his wife Sunder Bai and reached near Semaliya forest, appellant Rajendra attacked him by knife due to old enmity. Appellant Rajendra gave him three knife blows with intent to kill him and caused stab injuries in his back and abdominal area. Appellant was accompanied by co-accused Anokhelal Patwari at the time of occurrence, who was exhorting him to assault the complainant. As a result of injuries, complainant Hariprasad fell down. Upon hue and cry, his wife Sunder Bai, daughter-in-law Rekhabai, Fakirchand and mohan Singh Secretary etc. came there and took him to Sehore hospital, where the FIR of the incident in the form of Dehati Nalishi was recorded, on the basis of which an offence was registered against the appellant and the co-accused and was investigated. Complainant hariprasad (injured) was referred to Hamidiya Hospital, Bhopal for further treatment. During investigation, the knife used in the commission of offence was recovered at the instance of the appellant. After due investigation, appellant and co-accused Anokhelal was prosecuted under Section 307/34 of IPC and was put to trial.