The essential ingredients for the offence under Section 307 of IPC, including the intention of the accused and the nature of the act, are crucial in determining guilt.

JUDGMENT

Dinesh Kumar Paliwal, J. - This criminal appeal under Section 374 (2) of the Cr.P.C has been filed by the appellant Shankar @ Shankarlal against the judgment of his conviction and order of sentence dated 14.08.1997 passed by 7th ASJ, Jabalpur in ST.No.535/94 whereby he has been convicted for commission of offence under Section 307 of IPC and has been sentenced to undergo rigorous imprisonment for a period of 5 years.

2. The prosecution story in short is that on 29.09.1994 at about 1:25 PM Ashok Choudhary, resident of Pariyat appeared at PS. Panagar along with his mother and lodged report stating that he is a resident of Pariyat and deals in leather. Today, at around 1:00 PM he along with his mother Jamni Bai had gone to Shankar's tea shop to have tea. After having tea, when they did not pay price of tea, Shankar got annoyed and scolded him. At this, he asked him that he is not fleeing and will make the payment. Some altercation took place between them but all of sudden Shankar took out a knife from his shop and gave one knife blow on his abdomen and another knife blow on the left side of axillary fossa. Shankar also threatened him to kill. Matter was pacified by his mother and others present there.

3. On the basis of above narration given by complainant Ashok Choudhary, an FIR Exhibit-P/4 at FIR No.42/94 was registered in P.S Panagar for commission of offence under Section 307 of IPC by ASI R.S.Pathak P.W-3. He sent him to District Hospital for medical examination. In P.H.C. Panagar Shankar was examined by Dr. G.K.Upadhyay P.W-9 who found one stab wound 2cm x 1cm Peritoneum Deep on the umbilical region and another stab wound 1 1/2 x 1/2 cm muscle deep over the posterior axillary fossa, bleeding. He referred him for further treatment to Victoria Hospital, Jabalpur. In Victoria Hospital Dr. Pramod Kumar Pathak P.W-8 treated injured Ashok and found blood present in peritoneum cavity, rent was seen in peritoneum membrane connecting with stab wound of abdomen. He found stab wound 2cm x 1cm peritoneum deep on the umbilical region.

According to him, injury found in the abdomen of injured was dangerous to life.

4. In course of investigation, SI R.K.Mishra P.W-7 on the basis of disclosure memo given by Shankar recovered a knife from accused Shankar and prepared seizure memo Exhibit-P/2. He along with seized knife sent Exhibit-P/7 query letter for getting doctor's opinion about the nature of injury and seized knife. He seized injured Ashok Choudhary's bed-head- ticket from Victoria Hospital and prepared seizure memo Exhibit-P/8. He recorded statement of witness Mukesh. He arrested accused and prepared arrest memo Exhibit-P/9. ASI R.S.Pathak P.W-3 seized Ashok's underwear and prepared seizure memo Exibit-P/3. He visited the place of occurrance and prepared spot map Exhibit-P/5. He seized plain earth and blood stained earth from the spot and prepared seizure memo Exhibt-P/6.

5. After completion of investigation, Police Panagar filed charge-sheet against the appellant/accused Shankar before Judicial Magistrate First Class, Jabalpur, for commission of offence under Section 307 of IPC, who in his turn committed the case to the Court of Sessions.

6. Learned Additional Sessions Judge framed charge under Section 307 of IPC against accused but he did not plead guilty and claimed to be tried.

7. In support of the case, prosecution has examined as many as 9 witnesses. Rohini Prasad P.W-1, Veni Prasad Kushwaha P.W-2, R.S.Pathak P.W-3, Madhusudan P.W-4, Ashok P.W-5, Jamni Bai P.W-6, R.K.Mishra P.W-7, Pramod Kumar Pathak P.W-8 and Dr. G.K.Upadhyay P.W-9. In defence, accused has examined Manoj Kumar Vishwakarma D.W-1.

8. Learned Additional Sessions Judge after recording evidence of prosecution and defence witnesses and hearing the parties, convicted the appellant Shankar@Shankarlal for commission of offence under Section 307 of IPC and sentenced him as aforementioned.

9. Being aggrieved by the conviction and sentence imposed upon appellant/ accused, th