JAGDISH AND ANOTHER Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellants, Jagdish and Vimal Singh, have been convicted under section 307 of the Indian Penal Code and sentenced to undergo five years Rigorous Imprisonment each by impugned judgment dated 3 -2 -1990 passed in Sessions Trial No. 5/89 by IVth Additional Sessions Judge to the Court of Sessions Judge, Bhopal. They have been found guilty for attempting to commit the murder of Mahesh Sahu on 15 -7 -1988 at about 10:00 a.m.

(2.) INJURED Mahesh (P.W. 1) sells coconut on hand -cart for his livelihood. On 15 -7 -1988 at about 10:00 a.m. near "Dhobi Gali" of Bhopal town, two persons suddenly approached him from behind. One of them threw chilli powder in his eyes while other stabbed him with a knife on the left side of his stomach. Mahesh (P.W. 1) raised an alarm but by that time the person who had thrown chilli powder also stabbed him with a knife on his left thigh. According to Mahesh (P.W. 1) since more people had assembled hearing his cries for help, both the accused fled away. Mahesh (P.W. 1) attributed suspicion against his brother -in -law, Prem Kishore. Sister of Mahesh (P.W. 1) was married to Munnalal who is brother of Prem Kishore. On account of some matrimonial dispute, a case was registered against Munnalal which was ultimately compromised. Prem Kishore, however, nursed a grudge against Mahesh (P.W. 1) for making his mother stand before the Court and, therefore, had threatened to take revenge. Thus, according to Mahesh (P.W. 1) it was Prem Kishore who, through these two accused persons attempted to murder him.

(3.) MAHESH (P.W. 1) was taken by one Kishore Kumar to Hamidia Hospital, Bhopal, where he was admitted for treatment. At 11:30 hrs. a telephonic message was sent to Police Station, Tallaiya, Bhopal, on behalf of Dr. J.N. Soni, Chief Medjcal Officer, of the hospital through Telephone Attendant with respect to admission of Mahesh (P.W. 1), in the hospital due to assault caused by knife by ''unknown persons", for medical treatment on being brought by one Kishore Kumar at 10:20 hrs. The said telephonic message was recorded in the Rojnamcha Sanha No. 1512, Ex. P12. Thereafter, Station Officer, Mr. B.P. Yadav (P.W. 4) went to Hamidia Hospital after seven hours of the information received at Police Station which is only at a distance of one kilometer. He recorded the information given by Mahesh (P.W. 1) as dehati nalishi which is Ex. PI.