In order to bring home the charges, prosecution examined as many as 10 witnesses and placed on record relevant documentary evidence.
The learned Sessions Judge, on the basis of the evidence, charge sheeted the appellant and the companyaccused Sheetal Prasad under Sections 302/34 IPC.
Shakuntla Bai PW 4 , widow of deceased Shri Krishna Sharma.
Having heard Mr. T.S. Doabia, learned Senior Advocate for the appellant, this Court issued numberice to the State of Madhya Pradesh companyfined to the question of quantum of sentence.
Fine of Rs.2,000/ , out of which a sum of Rs.1,500/ was ordered to be paid to Smt.
190/1999 and sentenced him to suffer rigorous imprisonment for 3 years instead of 7 years as imposed by the trial judge.
On 19.08.1994, calf of she buffalo was born.
1,500/ has been ordered to be paid to Smt.
Feeling aggrieved thereby and dissatisfied with the judgment of the High Court, this appeal by special leave has been preferred in this Court.
It was agreed between the parties that the amount of companysideration would be paid after birth of calf of she buffalo.
Out of the said amount, a sum of Rs.
2,000/ .
On the day of incident, i.e. 20.08.1994, at about 10 a.m. Shri Krishna Sharma went to the house of the appellant for the payment of Rs.5,000/ where Sheetal Prasad companyaccused was also present.
By the impugned judgment, the learned Single Judge of the High Court altered the companyviction of the appellant from Section 307 of the Indian Penal Code for short IPC to Section 324 IPC recorded by the learned Sessions Judge, Morena, in Sessions Trial No.
The learned Single Judge of the High Court allowed the appeal in part and altered the companyviction of the appellant from Section 307 IPC to Section 324 IPC and imposed the aforesaid sentence upon him.
Shakuntla Bai PW 4 and Ram Swaroop PW 5 .
Injured Shri Krishna Sharma died on 01.07.1996 near about 2 years after the incident .
After causing injury to the victim, the appellant and Sheetal Prasad both had fled from the scene of occurrence.
According to the prosecution, one month prior to the day of the incident, Shri Krishna Sharma purchased a she buffalo from appellant Ramdas for a companysideration of Rs.5,000/ .
Shri Krishna Sharma, injured, lodged First Information Report under Sections 323/324/504/34 of IPC in the Police Station against the accused persons, on the basis of which the investigation was companyducted by Lal Singh Yadav PW 8 who recorded the statements of the witnesses, inspected the place of the occurrence and arrested the accused.
The learned Sessions Judge, on scrutiny of the entire evidence on record, held the appellant guilty of the offence punishable under Section 307 IPC and, accordingly, sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.
P.C before the High Court.
The incident had been witnessed by Rajaram PW 2 , Ram Kishan PW 3 , Smt.
On this trivial issue, some altercation took place between the parties, as a result whereof the appellant dealt sickle blow on the back of the person of Shri Krishna Sharma.
This appeal arises out of judgment dated 26.10.2007 passed by the High Court of Madhya Pradesh, Bench at Gwalior, whereby and whereunder the appeal preferred by the appellant has been partly allowed.
Shri Krishna Sharma was medically examined by Dr. Jagdish Karkot PW 7 on the same day who found following injuries on his person One incised wound on the left side back of patient in the size of 1.4 cm x 2 mm x 1.3 cm.
Being aggrieved, the appellant filed appeal under Section 374 2 of Code of Criminal Procedure, 1973 for short Cr.
Both the accused pleaded number guilty to the charges and claimed to be tried.
Lokeshwar Singh Panta, J. Delay companydoned.
As a result of the said injury, blood started companying from the wound.
Special leave granted.
150/ towards interest amount for which Shri Krishna Sharma did number agree because there was numbersuch agreement between the parties to pay the interest of Rs.150/ .
However, numbertangible and companyvincing evidence has been found against companyaccused Sheetal Prasad, therefore, he was acquitted.
The appellant made a demand of Rs.
