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1978 DIGILAW 613 (MP)

Laxminarayan v. State of M. P.

1978-08-21

G.L.OZA

body1978
Short Note : 1. This appeal has been filed by the appellant from jail against his conviction under section 307 IPC and sentence of five years rigorous imprisonment awarded by the Additional Sessions Judge, Ujjain. 2. The learned Court below, placing relience on the testimony of Shantibai, corroborated by the first information report and medical evidence and further supported by the evidence of Rajendra the milkman, held the appellant guilty for an offence under section 307 IPC and sentenced him as mentioned above. 3. Held: Out of the two witnesses who arrived on the scene of occurrence immediately, Rajendra-the milkman (PW 3) supported the case of Shantibai. But Chaturbhuji (PW 2) only supported her version to the extent that she was found injured and blood was coming out and she was going to the police station. 1 he testimony of Shantibai is corroborated fully by the evidence of PW 3 Rajendra who saw the incident himself and also by the first information report Ex. P/1 which was lodged at 7 00 A. M i. e., which half an hour of the incident. The medical evidence also corroborates her testimony as she was found to have six illcised injuries which according to the doctor could have been caused by hard and sharp weapon like the sword which was shown to the doctor, as the appellant had left the sword on the scene of occurrence. 4. In view of this evidence, the conclusions arrived at by the learned Court below could not be said to be such which reasonably could not be arrived at. Some of the injuries inflicted on the person of Shantibai are on the head which indicates the intention the appellant entertained. Consequently, the conviction of the appellant under section 307 IPC also is justified. Appeal dismissed.