- (1.)Feeling aggrieved by the judgment of conviction and order of sentence dated 28.9.2012 passed by learned Ninth Additional Sessions Judge, Gwalior in Sessions Trial No.420/2011 convicting the appellants under Section 307/34 and 323 of Indian Penal Code, 1860 (in short "Code, 1860") and thereby sentencing them to suffer seven years' rigorous imprisonment with fine of Rs.2000/- (Rupees Two Thousand), in default, further rigorous imprisonment of six months and to suffer six months rigorous imprisonment with fine of Rs.2000/- (Rupees Two Thousand), in default, further rigorous imprisonment of six months, the appellants have preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 (in short "Code, 1973").
(2.)In brief, the case of prosecution is that on dated 24.6.2011 at about 12:10 in the night Rajesh was sat on the roof of his house, at that time Kallu Mahore, who belongs to the family of the complainant came and abused Rajesh and pressurized him to compromise in a case otherwise he will kill him. Along with Kallu one more person was also there. When Rajesh denied to compromise, then Kallu along with other coaccused person with an intention to kill Rajesh stabbed him on the head by means of Knife, due to which Rajesh sustained grievous injuries. When complainant shouted then the neighbours assembled and called Ambulance,by which Rajesh was taken to Hospital. The complainant Ramshree Bai (PW.1) has made oral report at Police Station, on which the FIR (Ex.P.1) was registered against the accused persons for the offence punishable under section 307/34 of of Code, 1860. The police after registering the offence took up the investigation and after its completion a charge-sheet was submitted under sections 307/34 of Code, 1860 in the committal Court which on its turn committed the case to the court of Session and from where it was received by the trial court for trial.
(3.)The learned Trial Judge framed charges punishable under Sections 307/34 of Code, 1860 against the appellants. Needless to emphasize both the accused persons abjured their guilt and pleaded complete innocence.