HI6H COURTOF CHHATTXS©ARHAT BILASPl^ Criminat Appeot No.492 of 1991 Hemlat, S/o Shri Sukul Sao, oged ofcout 37 year's, resident of Tulsipur, Rajnandgtun, M.P. Q^ow C.©.) Verstis •» Stnts of Madhya Pradesh Through Potice Station, Rajnandyon , M.P. (Now c.e.) (Criminat oppeat under Seetion 374 of Crf.C.) (58: Hon1>te Mr. T.P. Sharma.3) Present:- ! , . ' ' / Nones present for the typellont. Mr'.U.K.S.Chandel, Panel iawyer for the State/respondent. fl>assed <m 28* Jvm. 2010) 1. Challeny in 1+iis eppea! >s •fc> the judgment of convictton A order- of sentence dated 16.4.1991 pos«d by -rtie Sesstens Judge, Rajnemdgemn, m Sessions Tria) No.57/90, whereby & whereunder teamed Sesslons Judge after holding -the cppettant guilty for the offence punishabte under Saction 326 of l^e Indiwi Penc'1 Code sesntenced him to Hndergtt rigorous Wpr'isonment for two yvars. 2. Conyiction is chcltenged on -tha ground that wrthout (ny ioto of evidence sufficient for cenyictien of 1(ie cppallont, thes trial Court has csnvicted sentenc«d •the appeliont as aforementioned and •thereby committed - litegclity. , / t, . 3'. Case. of the prosecution, in brisf, is •that on 24.11.t989 at about 7 p.m. on apcoynt of (temoind of fiquor, the oppetlont qunrrsted with complamant Rajendrakumar and asMuited hins by f«nifeon his efcdomen. He imn'ediaTely ' informed the incident to his wifa and athers and went to the police station - arffisr'S he todged -the F.I.ft. "fde ExP/1. 81oocistained ciol+ies were seized , 'i'itie Ex.P/2. Injui'ed wns sent fop medjcat e?«unina*ion. !-(e WQS excmined -»eaaHSK &s^!.-•.•SS- ^s^ii! •- ^- by br.S.K-Agrcwal yW-6) vide Ex.P/S <Btd fsund Iwo incised isounds over left sUac fossa of 4 cm. x 3 cm. Blood was ooz'ng from •the injuries. Accused was taken into custody, he mnde. disclosure stntement of knife vide Ex.P/3 and sanw was recoyerad ct the instance of -riie typsttant yide E^.P/4. One Jerry con was seted from Sukul vide Ex.P/6- Swsad articles wer'e sent for chem'cal examination and presen^ of Wood <fwr clothes, jerry can and knife wos confjr'med vide Ex.P/7. 4. Statements of the witnes^s were recorded under Sectten !l61 of the Code of Cr-iminal Procedure, 1973 (in short- the Code') and afttr completton ef inyestigotion, charge-Aeet was fiied bef®rethe Chief Judieiai ftagtstrute, Rajnondgaon, who in tum committed •rt>e CCBS to •Ae Ccurt of Sessiens, *rt- 5. In order to prove tfie guilt of the Qccused/appellnnt, the proseGUti<w' has exainirwd cs mimy as 12 witnesses. The cccusedAypellant wns e?«»nined under Ssction 313 of the Code whare ha denfed the cjr-aimstunce-s eqjpearing against him and ctaimed innocence and fafse mpircntion •i the crjme in question. 6. After Judge, opportunity of hearing to -the parties, iaon convic'ted & Stntenced •the as 7. I have heard Mr.U.K.S.Chandef, Panel tawyer for 1+ie Stata/respandent ond perused 1+ie Mem!> of Appeaf, judgment mpugned <md pecord of the trial Courf. 8^: As per eys^feyce of Raiendra Kumar PW-I), preaait appeltant hes assaihed him by knife over his^domen and he has todged •the FJ.R. His evidence is cor'roboroted by the eyidence of'&ufaribai (PW-2), wife of th» injured nnd Kejn Bai (PW-3), mother of Ihe injured. Pohro Bai 0>W-4) is also corroborated -ths evidenc®of ftajendro Kumar (PW-i). In^ines were iexamined by &r.S:K.A3ruwaf (PW-6) wh®has deposed in his eyidwse that "two; inctsed weunds were found over cbdema') of the injured VKle Ex.P/5. ^.e' K. F 1. %&-<»•.*' <3 — The evidence adduced on behalf ®f•the proseeution is sufficient for drawing inference -rttat •ttie appeilont has cuused injuries on •the abdomen of the complainont. 9. Consider-ing the gravity of the injuries, lean«d Sessions Judge, Rajnandgacn has conyicted lt»aappetbnt under Section -326 of the Indian Penn! Gode and swtenccd to undergo rigorous impriscinnient for two years. 10.0> close scrutiny of the evidenGe, I do not f'md caiy iHegality in the judgment 'mpugned. The «sppeal being devoid cf merit is ltd?le to be difimissed imd it <s hereby dismissed. The Sessions Judge, ftajncndgoon is di^ected to en'aire tha presence of th®dppeliant by »ssuon<»of csercive process for secying -rtie sentence impo^d upon him. Sd/- T.P. Sharaa Judge li!'!'r i"r?r?:^-<f-sc^ss^ xy.