KAILASH @ KALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal under Section 374 of Cr.P.C., being aggrieved by judgment dated 27/07/2016 passed by the Fifth Additional Sessions Judge, Indore, District- Indore in S.T. No.36/2014, whereby he has been convicted for offence punishable under Section 307 of the I.P.C. and sentenced him to undergo rigorous imprisonment of 07 years with fine of Rs.1,000/- and in default of payment of fine, 3 months additional rigorous imprisonment.

(2.) The facts necessary to be stated for disposal of the instant appeal are that, on 24.8.2013 at 10.00 p.m. injured Sanjay along with his friends Rahul Nikam and Rahul Tawar went to the Gayatri restaurant near Choithram Mandi to eat food, then the appellant Kailash came there and he started quarrelling with them saying that they are abusing him. When Sanjay and his friends were returning after eating food at 11 p.m., in front of Choithram Mandi gate, Rahul stopped the motorcycle, the appellant stood there and started abusing them, then so many boys and three boys of Sanjay's came there and they ran to kill the appellant then the appellant went to the Mandi and three of Sanjay acquaintances also went to the Mandi behind the appellant, then Sanjay took both his friends together and went back to the Mandi where the appellant and Sanjay's three boys were quarrelling and when Sanjay started defending, the appellant took out a knife and assaulted Sanjay with an intention to kill him,due to which, he received injury on his right abdominal ribs near the head and nose and he fell unconscious. On the basis of the report, the Police registered a case against the appellant. The Police visited the place of occurrence and prepared the spot map and recorded the statements of the witnesses. The appellant was arrested. On completion of the investigation, the appellant was duly charged for offence under Sections 307 of the IPC and put to his trial.

(3.) On committal, the accused person abjured his guilt and stated that he has been falsely implicated in the matter. On considering the evidence, the trial Court has convicted and sentenced the present appellant for offence under Section 307 of the IPC as indicated hereinabove. Hence, the present appeal.