KALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of Cr.P.C. by the appellant being aggrieved by the judgment dtd. 9/9/1999 passed by the IIIrd Additional Sessions Judge, Ratlam in S.T.No.161/1998 wherein the appellant has been convicted for offence under Sec. 326 of IPC and sentenced to undergo R.I. for 4 years with fine of Rs.1,000.00 and in default of payment of fine to further undergo four months S.I.

(2.) As per the prosecution story, on 1/10/1998 near about 11 A.M. in Gram Barkheda the complainant Gul Mohammad was talking to Ramju who was standing in the shop of Kailash Porwal, at that time, appellant Shabbir @ Kalu came there and said to the complainant that the field in which he took the tractor belongs to him, on refusal of the same, the appellant saying that complainant wanted to capture his field, took an axe and gave blow with it due to which the complainant fell down and appellant threatened him to kill if he reported the matter to the police. Hence, the case was registered against the appellant.

(3.) During investigation, medical examination of the complainant was conducted, spot map was prepared and on the memorandum under Sec. 27 of the Indian Evidence Act, axe was recovered. The blood stained clothes of the complainant was also recovered. The seized articles were sent to the Forensic Laboratory and after taking the statements of the witnesses the matter was committed to the Court of Judicial Magistrate First Class, Alot and thereafter received by the Court of Sessions.