BALUSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal against judgment and order dated 17/05/2018 passed in Sessions Trial No.125/17 by Additional Sessions Judge, Susner, District- Shajapur, whereby the learned trial Court has convicted the appellant under Section 307 of IPC and awarded 5 years RI with fine of Rs.5,000/-; in default further to undergo 6 months RI.

(2.) Prosecution case in brief is that on 22/01/2017 at about 04:30 in the evening, the prosecutrix was going home in village Lalakhedi. The accused came in her way near the farm land of Ramlal. He caught her hand with ill-intention and asked her to accompany him. When she refused, he took out knife and inflicted twice on her abdomen. When she tried to defend, he repeated the blow. She sustained injury on the right elbow and neck. As she screamed, her mother and some other person came and rescued her.

(3.) The complainant/victim was taken to the hospital. Hospital authority informed the police. The police reached at the hospital, where the complainant lodged dehati nalishi Ex.P/1. The crime was registered as FIR No.14/2017. The complainant was examined by Dr. Akhilesh Bagi (P.W.5), who found 2 punctured wound on the abdomen and 3 incised wound, 1 on neck and 2 on right elbow. It was opined by him that injuries might have been dangerous to life if would not have been treated on time. The police investigated the case, visited the spot, prepared spot map (Ex. P/8), seized plain and bloodstained soil, arrested the accused vide arrest memo, recovered knife from his possession (Ex.P/10), recorded statement of the witnesses and after completion of investigation, filed charge-sheet under Sections 354, 307 & 506-II of IPC. The accused was charged for these sections. He abjured his guilt and prayed for trial. After the trial, he was acquitted from all other charges except the charge under Section 307 of IPC for which he has convicted and sentenced as stated above.