RAJJU @ RAJARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the impugned judgment dated 20.10.1997, delivered by the learned Sessions Judge, Sagar, in Sessions Trial No.316/1996; whereby, appellant Rajju @ Rajaram has been convicted under Sections 307 of IPC for attempting to commit murder of Gotal Patel @ Gotiram (PW- 6) and Section 323 of IPC (two counts) for knowingly inflicting injuries to Sunil Kumar (PW-2) and Kallu @ Harishanker (PW-4) and sentenced to undergo four years rigorous imprisonment in earlier and in later to pay fine of Rs.300/-, (for each count), in default to undergo further simple imprisonment for one month (for each count).

(2.) In brief, the relevant facts of the case are that, on account of some dispute with regard to demarcation of the land purchased by the appellant was arose between the appellant and injured Gothal Patel (PW-6), the appellant felt annoyed with the same and on 30.06.1996 at about 02:15 pm appellant Rajju @ Rajaram has beaten injured Gothal Patel @ Gotiram (PW-6) and when injured Gothal Patel @ Gotiram (PW-6) had asked the reason, then appellant had again inflicted injuries to Gothal Patel (PW-6) and fled from the spot. When fleeing, on the way, he saw Sunil Kumar (PW- 2) and Kallu @ Harishanker (PW-4) to whom appellant has also attacked with the stones and inflicted injuries on their persons. Report of the incidence was lodged by Dhaniram Patel (PW-5), who is brother of injured Gothal Patel (PW-6), on that basis, Crime No.332/1996 at Police Station Motinagar, District Sagart for the offence under Section 307 of IPC was registered against the applicant. During the course of investigation, medical examination of injured Gothal Patel (PW-6), Sunil (PW-2) and Kallu Patel (PW-4) were conducted. Statements of injured and other important witnesses were recorded. Injuries of Gothal Patel (PW-6) were found to be serious, as a result of which he was admitted in District Hospital, Sagar; and thereafter, referred to Medical College Hospital, Jabalpur. The appellant was arrested on 01.07.1996. On interrogation, he admitted the commission of crime and has given information regarding some incriminating articles; later on, the same were recovered on his instance from his possession. Injured Gothal Patel (PW-6) was remained hospitalized from 01.07.1996 to 06.08.1996 at Medical College Hospital, Jabalpur from where record of his treatment was obtained and attached with the charge-sheet, which was filed against the appellant.

(3.) During trial appellant was charged with the offence under sections 307 and 323 of the I.P.C. for attempting to murder of Gotal Patel @ Gotiram (PW-6) and inflicting injuries to Sunil Kumar (PW-2) and Kallu Patel (PW- 4 ). The appellant abjured the guilt and claimed to be tried. In defence, appellant stated that he is innocent and has been falsely implicated on the ground of previous enmity. However, no evidence has been adduced in defence.