Ramu Bhilala vs State

Hon'ble Shri Justice A.K. Shrivastava

Feeling aggrieved by the judgment of conviction and order dt. 29.6.2002 passed by learned Additional Sessions Judge Barwaha District West Nimar convicting the appellant u/s 307 IPC and thereby sentencing him to suffer 5 years RI and fine of Rs. 200/- in default further SI of 1 month, the appellant has preferred this appeal u/s 374(2) of the Code of Criminal Procedure, 1973. As per the case of prosecution on 12.12.1995 at 1.30 PM appellant Ramu along with another accused Kailash after consuming the liquor were quarreling with one Mohan cyclewala. At that juncture ,complainant Kanhaiya arrived there and when Mohan told Kanhaiya about the incident, the injured Kanhaiya pacified the appellant. Thereafter the accused persons started quarreling with the injured. On being asked by accused Kailash appellant Ramu brought a Darati and tried to blow on the neck region of the injured Kanhaiya but in order to save the injured moved as a result of which the blow was dealt on his left hand and the blood started oozing. Another blow was dealt by appellant on the back of the injured. The incident was witnessed by the wife of injured Savitribai and other persons. The FIR was lodged and the injured was sent for medical examination.

After the investigation was over a charge sheet was submitted in the Committal Court who committed the case to the Court of Session and from where it was received by the Trial Court for trial.

Both the accused persons were absconding but any how later on the appellant was arrested and he was tried. The learned Trial Court framed charge punishable u/s 307 IPC against the appellant which he denied and thereafter the prosecution examined the witnesses.

The learned Trial Court on the basis of evidence convicted the appellant u/s 307 IPC and passed the sentence mentioned hereinabove.

In this manner, this appeal has been filed by the accused assailing the judgment of conviction and order of sentence.

I have heard Shri Virendra Khadav, learned Counsel for the appellant and Shri Deepak Rawal, learned Public Prosecutor for the respondent/State.

Having heard learned Counsel for the parties, I am of the view that this appeal deserves to be dismissed.

On bare perusal of the testimony of injured Kanhaiya (PW-5) it is gathered that appellant Ramu dealt two blows of Darati which landed on his left arm and also on the back. Specifically he has stated that the first blow was tried to be dealt on the neck region but to save himself, the injured moved as a result of which, the blow was landed on his left hand. Specifically he has stated that second blow was dealt by appellant on the back. The evidence of this witness is corroborated by Dr. T.S. Sodhi (PW1) who found 1"x1/4 "x1/4 "incised wound nearby the shoulder and another blow 2"x1/2 "x1" on the rear side of the scapula. Thus, the learned Trial Court rightly came to hold that the charge u/s 307 IPC is proved against the appellant.

On bare perusal of the evidence of the injured as well as the Dr. T.S. Sodhi (PW-1) and looking to the findings arrived by learned Trial Court I am of the view, that learned Trial Court did not commit any error in convicting appellant u/s 307 IPC and also sentenced him to suffer 5 years RI with fine. The appellant has already suffered the entire jail sentence. I do not find any merit in this appeal, the same is, hereby, dismissed.