MANOJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 8-10-2015 passed by Sessions Judge, Ashok Nagar, in S.T.No.15/2014, by which the appellant has been convicted under Section 307 of I.P.C. and has been sentenced to undergo the Rigorous Imprisonment of 10 years and a fine of Rs.10,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that the injured Smt.Neera was married to the appellant, however, he was not treating her properly and Court cases were also pending between them. The injured was working on the post of Anganwadi Worker and was posted in Ashok Nagar and was residing with her mother. On 8-11-2013 at about 2:45 P.M., the injured and her mother Smt. Kaushalya were coming back by walking. When they reached near Anusuchit Jati Girls Hostel, the appellant came there and started assaulting the injured by knife. Multiple incised wounds were caused by him which also resulted in amputation of little finger of her left hand. On hearing the shouts of the injured, Virendra Singh, Vikas Sharma and Yogesh came on the spot and after noticing them, the appellant ran away. The injured was brought to District Hospital by the complainant. Dehati Nalishi was recorded by the police on the information given by the complainant Smt. Kaushalya. The injured was got medically examined. The F.I.R. was lodged. The spot map was prepared and plain earth as well as blood stained earth was seized. The injured was admitted in Private Hospital known as Kayal Surgical Home, Ashoknagar. The blood stained cloths of the injured were seized. The appellant was arrested on 8-11-2013 itself at 6:10 P.M. His statement under Section 27 of Evidence Act was recorded and blood stained knife was seized from his possession. The seized articles were sent to F.S.L., Gwalior. Blood was found on the knife seized from the possession of the appellant. After completing the formalities, the police filed the charge sheet for offence under Sections 307, 326 of I.P.C.

(3.) The Trial Court by order dated 7-5-2014, framed charge under Section 307 of I.P.C.