•:- ...,,.&;:• •;i-!;s;-i;''*lste!"4®rt"s!» •Bt. '..: (..,:y.•^ w---' ^'•': ?IBBH 1--.,.- ^,:' ^^•-t^S'- :.:,..^J^:N%.i.—.ll '^^^ ig THE' HtSH GOPRT •OP: HSBH7A SSKDSSK.SS ^ iJABSkLEUa Cr.&.Ho; , 7. / '-• -'vy' Cr. y/92 Aecu'sed Gta. •T-.^^^ R'espb'ndeat! 'sr S-~nA)B' ,• 1: :/ _<<•ll^y'/^? -/^^'-X3^ 'tU.:l/ap,.<.agea.il31 yeys,. ,,; ' •• '^'. • ' • ^: :'^. • • /...''•• • ' .•;'"; • .-. . '. •, . . •soT^-eif iShri Hirde Gond, ' ...^.; resiaait of village §i:rapur, : ' „ ••Police'.StationPipa.r^a,': :;'"; • ; f Tahsi'l Kawardha, '»..•:, . 'District;;Rajraandgacin,. M.P. : ^^sarersus ! . • : •/ The State .pf Madb.ya P.radesh • „ ;M':'.::^: CBIMINaa' isFPSaL HTOBB -SES"£lOS^"74'(:2y.:l •^£Svs :G ^^^SB3SSSS s^SQ^^fiSS,_I9^ HIOH COUKT 0V CHHAaTIBeARH AT BIIASFUR SB : HON'BLEMR. JWnCE PRITINKBR DTOAKER CR.A.WO. 1139/1992 APPBLLAHT Milap veisus RBSPONDEBT State of Madhva Pradesh SilSltlls w Shri Arun Kocbar, counsel for the appeBaat. Shri Vaibhav Goverdhaa, P.L. for tfac State. APPUCATIOM U/8 374 (21 OF THB CRJ».G JUDGWENT (18.03.2010) Tfais appeal arises oiit of fhe judgmertt dated 16.10.1992 passed by the Addittonal SessiDns Judge Khairagarli, Camp Kawardha, Dustt Rajnaadgaon ia Sessiou Trial No. 7/1991 convicting fhe accused/appeUant for fhe offence pim&hable under Sectfon 307 of thc IPC and scnteadi^ W-m to undei^o rigorous imprisatuaent fi>r three years. 2. Case ofthe prosecution is tfaat on 18.6.1990, at about 4.00 p.in. Bhagwaatm Bal (P.W.-2) (injured) was assaulted by the accused/appellaut. She was inuncdiately hoepitalizcd and wide Ex.P/13 fhe information was scnt ftom tiie hospital to the police station aad vide Ex.P/14 entiy was inade ia the rojiiamcha Sanha. Thereafler vide Ex.P/6 FIR was registered at police station Kawardha aad later on fhe same was'traasfcrred to thc poUcc stetion Ptparya and was registered vide Ex.P/6-A. 3. So as to hol5 the accuscd/appellaat guilly the prosecution has exainined tturteen witaesses. Statement of the accused/appcBaat was also recorded under ScctionSlS of the Code of Crimiaal Procedure in which he denled the cbai^es teveUcd against hini and pleaded his innocence and false impUcation ia fhe case. This apart, one defence witnese has also been exaiiiiaed by faim.in support ofits case. I iiTIE;-i3IiBi!:3Si3I^a „., ""*t«tl. :!-,.. ~'<sl: "It -.M-' e:l;ilillfr 4. ASber heariag the partics, ttie trial Court has caavicted ffae accused/appeBant for fbe o&ncc aa aforcmentioned. Hence ttus appeal. 5. Contentfon of Ae counsel for the appeUaat is tbat the iacident had taken place atl of a suddea aad (here was ne intention on fhe part of fhe appeflant to cause injuiy to tfae victim Bhagwantm Bai. He submits that in fact, the dispute was ia between fhe appeUant and husband af Bh^wantfn Bai namely Lakhan Singh (P.W.-9). He furthier submite fhat lookir^ to fhe nature ofinjuiy the offence imder Section 307 IPC is not made out against fheappeUant 6. On fhe ofher hand it has been argued by fhe State counsel fhat on accouat of the injuiy caused by ttie appeHant to Bhagwaatin Bai with the help ofkaift she had sustained grievous injuiy on her abdoiaen and was hospitaUzed for about one monfh aud 12 days. Hc submits that diirmg thls period she bad also iindeiy)ne major suigeiy and as per tlie opiaion ofDr. N.K.Yadu (P.W.-l) thc injuiy was gnevous in nature. 7. I have heard counsel for the parties. Bhagwantin Bai (P.W.-2) has categoricalty stated that on thc date of mcident when she was st&nding in her courtyard, fhcre was some dtepute bctween her husband and the accused/appeUaufc She has stated that m tbe presencc of her son, the accused/appeBaat had assanlted her by giving a laufe blow on her abdomcu as a result of which she feU down and on account of injuiy her iatestine came put. She has stated fhat thereafter stae feB / unconsctous, was taken to the govt. tiospttal, Kawardha and thercafter she was shifted to Oovenuacnt Hospital, RBipur aad fhere shc was hospitalized for atiout 1 Ya months. 8. Stateinent of Bh^waatin Bai has bcen duly supported by her husbaad Lakhan Singh (P.W.-9) wbo has also stated that on accouat ofthc land dispute the appcllant had assaulted bis wife. Maniratn (P.W.-3) son of the injured bas stated that aflsr hearine the cries of his mofher when he rudhed to the V:l[::il,lili>L;ia @] .[jjjp spot he saw his mofber lying on the road and thereafter she was shited to fhe govcnunent hospital Kawardfaa aad then to Raipiir. 9. P.W.-l Dr. N.K.Yadu who was workix^ as Aasistant Surgeon at Prfmaiy Healfh Centre Kawardha had graen tbe mitial treatinent to fhe victim bas stated that upon cxamination he found fhe foUowiag fayurics on beR ^ stab uyuiy present over abdomen at hypo choudrium region 3 cia. above and 1 x 0.5 cin. Mai^n regular, part ofintestine caiae out thiough wound. He has stated that part offhe iatestine had also coiae out and fhc patient was unconscioua aad theredfter she was referred to thfi D.K.Hospital, Raipur. 10. M.D.Tigala (P.W.-6) Ifeib Tahsildar had reoorded the dying declaration of the victim vide Ex.P/5 whicih iiow can be treated as fhc statenieat offhe victim and has stated that fhc said dying declaratioa was Baade ia his prescnce. B.M.Neteia, Station Housc Officer has also suppcated the prosecution case aad has steted fhat he has done fhe paet of fhe investigation. The recoiid also shows ifaat fhc victun was also hospitalized for more than one uionfb.. D.W.-l the defence witacss has also not stated any such fhiag which aiay help the accused/appellaut. 11. Thus, the evidence of the witnesses exanuaed by the prosecution, particiilarly fhe injiired/victiai hetself, which itself is sufficient and inspires fuM coii.fidence of this tourt, no ia^erference is GaUed for. Accoxdingly, the appeal beiag without substance is Uable to be disiaissed aad it is disinissed as such. Judgment impugned coavtetiag and sentencing thc accused/appdlant as m.entioaed above is afBnned. AppeB&at is reported to bc on baU. His bail bonds staad caaceUed. He be sent to jail fortliwifh to undei^o fhe remaining part of thc sentence nnposed on hto. Appeal dismissed. -——— SA'- Prstinker Diwaker Judge