SATISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) of Criminal Procedure Code has been filed by the appellant Satish Kumar @ Gudda against the judgement of conviction and order of sentence dtd. 23/10/1998 passed by learned Additional Sessions Judge, Jabalpur in Sessions Trial No. 964/1994, whereby the appellant Satish Kumar @ Gudda has been convicted for the offences punishable under Ss. 307 and 324 of Indian Panel Code and has been sentenced to undergo rigorous imprisonment for a period of 07 years and fine of 2000/- for commission of offence under Sec. 307 of IPC and rigorous imprisonment for a period of 01 year and fine of Rs.500.00 for commission of offences under Sec. 324 of IPC. He was further directed to undergo rigorous imprisonment for a period of one year and two months in default of payment of fine amount imposed upon him.

(2.) The prosecution story in short is that on 12/7/1994 at around 01:30 p.m. Santu @ Santosh who was admitted in Victoria Hospital, Jabalpur informed ASI K.G. Goswami (PW-1) that he resides near Pratap Dharam Kanta and makes shoes. Today i.e. 12/7/1994 at around 01:00 p.m. he alongwith Narayan Choudhary was standing near Biloran Paan Shop and was buying Gutka. That time Satish Gupta and Pappu Gupta, resident of Punjab Bank Colony were also standing there. They had some altercation with Narayan Choudhary, when he tried to pacify the matter, Satish Gupta with an intention to kill him gave a knife blow on his stomach but he turned due to which he sustained injury in the right side of his back. Satish Gupta also gave a knife blow to Narayan Choudhary, causing injury in his stomach. Blood started to ooze. Pappu Gupta abused them by uttering filthy words related to mother and sister and also exhorted that these people should not go alive today. Incident was witnessed by the shop keeper of Biloran Paan shop, Ballu Choudhary and others present there. On the basis of narration given by Santu @ Santosh, ASI K.G. Goswami (PW-1) recorded the Dehati Nalishi (Ex.P-1). On the basis of Dehati Nalishi (Ex.P-1) F.I.R. (Ex.P-4) was registered in Police Station Kotwali for commission of offence punishable under Ss. 307/34 of IPC by AS I K.G. Goswami (PW-1). He filled the forms Ex.P-2 and Ex.P-3 for examination of injuries sustained by Santu @ Santosh and Narayan Choudhary. In Victoria Hospital Dr. H.N. Mishra (PW-8) examined injured Santu @ Santosh and Narayan Choudhary and gave MLC reports Ex.P-2 and Ex.P-3. Dr. H.N. Mishra (PW-8) found the injury of Narayan Choudhary life threatening and referred him to the Medical College, Jabalpur for further treatment. In Medical College Jabalpur Dr. Vaishali Wahi (PW-5) examined and treated Narayan Choudhary (PW-10) and found his injury dangerous to life and gave MLC report Ex. P-7.

(3.) After investigation, Police Kotwali filed the charge-sheet against the appellant Satish Kumar @ Gudda and co-accused Pappu Gupta before the learned Judicial Magistrate First Class, who in his turn committed the case to the Court of Sessions.