Gulab C.Gupta, J. - (1.)The appellant Bhagwandas has been convicted for an offence under Section 307 I.P.C. and sentenced to four yearsT rigorous imprisonment by judgment dated 15-2-1980, passed by Shri S.C. Agrawal, Second Additional Sessions Judge, Sagar, in Sessions Trial No. 202 of 1979. The appellant, being aggrieved with the same, is challenging the said conviction and sentence in this appeal filed under Section 374 (2) Criminal Procedure Code.
(2.)The prosecution case was that the appellant Bhagwandas had stolen a sum of Rs. 80/- only belonging to the complainant Nathuram, The complainant did not report the matter to the police, but persuaded the appellant to return the money. The appellant returned the amount of Rs. 80/- to the complainant Nathuram the next day, and ever since then, was having ill-will against Nathuram. On 14.6.1979, at about 9.00 P.M., complainant Nathuram was resting on a cot in front of the Panshop of Kanchedi (P.W. 4), when the appellant reached the spot with an axe in his hand, abused him and caused two injuries. Nathuram started bleeding and became unconscious. Kanchedilal (P.W. 4) arranged a tempo and carried Nathuram to the police-station. First Information Report was lodged by Kanchedilal at 11 P.M. on the date of the incident, which is Ex. P-8. The complainant was sent for medical examination and was examined by Dr. Khan (P.W. 2) at 11.15 P.M. The doctor found two incised wounds on his person. According to his report, the patient was drowsy and unable to speak. On the basis of memorandum, containing information furnished by the appellant (Ex. P- 1), the axe which is said to be the weapon of offence, was recovered in the presence of witnesses. Seizure-memo (Ex. P-12) is dated 21-6-1979. After investigation, the charge-sheet alleging an offence under Section 307 I.P.C. was presented.
(3.)During the trial, the prosecution examined 11 witnesses and filed 15 documents. The learned Sessions Judge, relying on the evidence of P.W. 2 Dr. Khan, concluded that the injuries found (In the person of the complainant Were caused by a sharp edged weapon within three hours and were sufficient in the ordinary course of nature to cause death. P.W. 3 Dr. Tandan had taken the X-ray of the skull of Nathuram on 15-6-1979 and found a depressed fracture on left parietal bone. Relying on the evidence of the eye-witnesses, particularly P.W.4 Kanchedilal and P.W. 7 Gorelal, the learned Judge found that the appellant had caused the injures. On the aforesaid findings, the appellant was convicted and sentenced as stated above.