PRAMOD SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") is preferred against the judgment dated 25/10/2018 passed by Fifth Additional Sessions Judge, District Ujjain in Sessions Trial No.583/2016, whereby the appellant has been convicted for offence punishable under Section 307 of IPC and sentenced to undergo 5 years R.I with fine of Rs.1,000/- and usual default stipulation.

(2.) Relevant facts in nutshell are that on 22/03/2010, at about 9.00 am when complainant Kailash Prajapat was chatting with one Lokendra Singh in front of his house then applicant Pramod Singh came there and informed that he would like to talk with the complainant and took him in his motorcycle. On reaching near the culvert in Nazarpur Road, he stopped the vehicle and asked the complainant whether he abused his brother Mangalsingh. On being refused by the complainant the applicant started abusing the complainant and took knife and gave a blow on complainant's neck and on the right side of his back, due to which he sustained injury. Thereafter he fled away towards Nazarpur in co-accused Zarak's motorcycle. Complainant filed complaint at Police-Station Gatiya, on the basis of which Police registered F.I.R at crime No.573/2016 for offence under Section 294, 307, 120-B of IPC. Injured Kailash Prajapat was sent for medical examination. During investigation the applicant was arrested and a knife was seized and sent to Forensic Science Lab for analysis. After completion of investigation, charge-sheet was filed against the applicant before the Judicial Magistrate First Class, Ujjain, who committed the case to Sessions Judge, Ujjain, which was transferred to Additional Sessions Judge, Ujjain for trial.

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