KALLU @ PRAHLAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the appellants being aggrieved by the judgment dated 30.10.2009, passed by Seventh Additional Sessions Judge (Fast Track Court), Sagar in S.T. No.149/2009, whereby the appellants have been found guilty for the offence punishable under Section 307/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for five years and fine of Rs.1,000/- each, in default of payment of fine, to further suffer rigorous imprisonment for three months.

(2.) As per prosecution, injured complainant Anil Shrivastava lodged a report at Police Station Naryawali at 12.15 P.M. that on 24.10.2008 at 11.15 A.M., the three appellants with common intention, attacked and assaulted with knife on account of previous money/ loan transaction. According to the complainant, Raju stabbed him in the chest and Kallu @ Prahlad dealt a blow in the back side of left thigh, as a result of which he sustained grievous injuries. It is stated that the incident was witnessed by Jaisingh Dhosi and Sher Singh.

(3.) On the basis of the aforesaid report, FIR was registered and criminal investigation started. Injured was sent for medical examination, where he was examined by Dr. A.K. Jain (P.W.-3) and Dr. A.K. Sahay (P.W.-7).