PREM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been preferred by the appellant, being aggrieved of the judgment dated 23/02/2017 passed by the Sessions Judge, Raisen in ST No. 1900449/2016, whereby the appellant has been convicted under Section 307 of IPC and sentenced to five years' rigorous imprisonment with fine of Rs. 10,000/- with default clause.

(2.) In brief the facts of the case are that on 27.6.2016 at around 10:00 AM when complainant Kope Singh was working along with his brother Bhagwan Singh at his house at that time co-accused Bhuri Bai started quarrelling with him in respect of theft of some wire and when complainant Kope Singh tried to stop her from abusing, she went inside the house and thereafter her husband, the present appellant Prem Singh came out of the house, armed with an axe and started assaulting complainant Kope Singh, who suffered injuries on his neck and head. He was taken to the hospital and the Dehati Nalishi (Ex. P-1) was lodged. An axe was also recovered at the instance of the appellant vide Ex. P-4 and P-6. After investigation, the charge sheet was fled and the learned Judge of the trial Court, after recording the evidence, convicted the appellant as aforesaid and being aggrieved of the same, the present appeal has been preferred by the appellant.

(3.) Learned counsel for the appellant has submitted that there are material omissions and contradictions in the statements of the prosecution witnesses and benefit of doubt ought to have been extended to the appellant. It is further submitted that the incident took place at the spur of moment and the appellant had no intention to cause any injury to the injured/complainant. It is further submitted that looking to the injuries suffered by the injured/complainant, no case under Section 307 of IPC is made out. It is further submitted that the appellant is in jail since 23.2.2017 i.e. from the date of conviction and no purpose would be served to keep him in the jail, as he has already suffered sufficiently for two years and two months, more than commensurate to the injuries suffered by the complainant.