- (1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court. By the impugned judgment learned Single Judge while upholding the conviction of the respondent for an offence punishable under Section 307 of the Indian Penal Code, 1860 (in short the 'IPC') reduced the sentence to the period already undergone which was about 1 year and three months. The trial court had found the respondent guilty and had imposed sentence of ten years rigorous imprisonment and fine of Rs.1, 000/- with default stipulation.
(2.) Background facts in a nutshell are as follows: The respondent allegedly assaulted the complainant- Parvat Singh by an axe causing several grievous injuries. Complainant Parvat Singh (PW 10) lodged a report at the police station to the effect that while he was doing night duty at Dr. Ajay Lal Christian Hospital, the accused hit him on his head by the sharp edge of an axe and other parts of the body. Other persons were present there, who witnessed the incident. They carried the complainant to the hospital for treatment. Information was lodged at the Police Station and investigation was undertaken. The informant was treated at the hospital for multiple injuries sustained by him. After completion of investigation, charge sheet was filed and the matter was taken up for trial. Accused took the plea of false implication. According to the medical report and the statement of the doctor, there was a cut wound on the upper part of partial bone which was straight cut and there was a parallel straight cut below said injury and there was a cross cut wound on the left acromiyo caviculas wound and the doctor had advised to get x-ray of head, chest and left shoulder. According to statement of witnesses and doctors and medical report on the day of incident there were injuries on the body of complainant caused by sharp edged weapon. Therefore, there was no dispute as to presence of injuries on the body of the complainant.
(3.) Placing reliance on the evidence of the victim and others, the trial court found the accused guilty and convicted him and imposed sentence as afore-noted. The trial court took note of the evidence of the Doctor who had first examined the informant. The trial court noted that in the opinion of the doctor all the injuries were caused by sharp axe or another sharp-edged weapon and was enough to cause death of the victim. The doctor had advised to get X-ray of head, chest and left shoulder of the victim. Several fractures were also noticed. Taking note of the serious nature of the injuries inflicted and the weapon used, the trial court held the accused-respondent guilty and imposed sentence as afore-noted.;