N K Gupta, J

[1] This criminal appeal is preferred by the appellant being aggrieved by the judgment dated 9/5/1996 passed by the Sessions Judge, Betul in ST No.81/1995, whereby the appellant was convicted for commission of offence punishable under Section 307 of IPC and sentenced for five years' rigorous imprisonment with fine of Rs.100/-. In default of payment of fine amount, an additional RI for three months was directed.

[2] Prosecution case, in short, is that on 22/1/1995 the victim Mohd. Anees (PW-1) was working on his paan thaila situated at Tikari Road, Betul. At about 8:00 PM the victim Mohd. Anees went to Lalli Chowk after closure of his paan thaila. After sometime he came back to his paan thaila, then he found that the appellant and other co-accused persons were standing near his thaila. A sum of Rs.15/- was due towards the appellant Guddu and therefore victim Mohd. Anees demanded that sum from appellant Guddu. The appellant with the help of other co-accused persons viz. Sallu @ Salim and Abid assaulted the victim Mohd. Anees by a knife. He assaulted the victim on his abdomen and left thigh for 2-3 times. Mohd. Shafi (PW-2), brother of the victim after getting news of the incident rushed to the spot. He tried to engage an auto-riksaw but in the meantime witness Moin Khan (PW-10) and Tanvir (PW-4) took the victim to the District Hospital, Betul and thereafter to the Padhar Hospital in a jeep. Mohd. Shafi went to the hospital and asked his brother about the incident. On the information received from his brother, he gave Dehati nalishi (FIR) Ex.P-3 to the concerned police officers, who came to the hospital. Victim Mohd. Anees was referred to the doctors for his examination and treatment. In district hospital Betul Dr. M.L.Rathore (PW-5) examined the victim Mohd. Anees and found two stab wounds. One on the left abdomen and another on the left thigh. One side of each wound was clean cut whereas second side of wound was irregular. The wound caused in abdomen was deep to peritoneal cavity. In Padhar Hospital Dr. Anil Alikatti (PW-7) treated the victim Mohd. Anees. Victim was vomiting blood at that time. A surgery was done in Padhar Hospital by this witness and he found that some portion of intestine was cut due to that wound caused in abdomen of victim Mohd. Anees. Bladder was also found cut in length of 1.5 cm. Blood was oozing from the mesentery and bladder. As per his opinion, death of the victim could be caused in ordinary course of the nature due to that injury if surgery was not done upon him. After due investigation, a challan was filed by the police before the Chief Judicial Magistrate, Betul and thereafter case was committed to the Sessions Judge, Betul.

[3] The appellant-accused abjured his guilt. He did not take any specific plea in defence but simply stated that he was falsely implicated in the matter. No defence evidence was adduced.

[4] After considering the prosecution, the learned Sessions Judge, Betul convicted the appellant for commission of offence punishable under Section 307 of IPC and inflicted the sentence as mentioned above, but acquitted the other co-accused persons namely Abid and Sallu @ Salim.

[5] I have heard the learned counsel for the parties.

[6] Learned counsel for the appellant-accused has submitted that there was no enmity between the appellant and the victim, on the contrary they were friends. Omnibus allegations were made against three persons but a compromise took place out the Court between the victim and other co-accused persons, therefore the present appellant was falsely implicated in the matter by saving the others. Incident took place in a spur of moment. The injuries were not fatal in nature. No offence under Section 307 of IPC is made out against the present appellant. In support of his contention, learned counsel for the appellant has placed his reliance on the judgment of the Hon'ble Division Bench of this Court in the case of Kanhaiyalal Vs. State of Madhya Pradesh,