JUDGMENT

1. Today the case is fixed for consideration of I.A. No.5708 of 2020 for suspension of sentence and grant of bail.

Since the record of the trial Court has been received, hence with the consent of the parties, the appeal is heard finally.

This Criminal Appeal under section 374 of CrPC has been filed against the judgment and sentence dated 5.9.2019 passed by Additional Sessions Judge, Susner, District Shajapur in S.T. No.60/2019, thereby convicting the appellant for offence under section 307 and sentenced him to undergo the rigorous imprisonment of five years and fine of Rs.2000/-, in default to undergo rigorous imprisonment of 6 months.

2. As per prosecution story, the complainant/ injured (Anshubai) lodged a Dehati Nalish on 5.12.2018 near about 08:10 that she is resident of Village Bheelkhedi and her husband Ramsingh i.e. present appellant used to doubt over her character, therefore, she has started living separately alongwith her two sons in a rented house situated at Govindpura Nalkheda. She was working in a private school. Today, i.e. 5.12.2018, she was returning from school, near about 6:00 pm, when she reached infront the house of Prem Rathore, her husband met and demanded rupees for consumption of liquor. When she refused, he took out the knife and inflicted the injury on her left side of the chest. She shouted, then appellant inflicted another injury on her stomach. After hearing her screaming voice, the local residents came there, and appellant ran away. She reached to the police for lodging the FIR, from where she was refereed to Nalkheda hospital. Police registered an FIR bearing crime No.374/2018 under section 307 of I.P.C. against the appellant. The police prepared the spot map, collected the blood-stained earth and cloths of the complainant and recorded the statement of witnesses. After arrest of appellant, his statement under section 27 of Indian Evidence Act was recorded and knife was recovered upon his disclosure. After completion of the investigation, Police filed the charge-sheet against the appellant for the offence punishable under section 307 of IPC and trail was committed to Session Court by committal order dated 20.2.2019.

3. The trial Court by order dated 12.3.2019 framed charges under sections 307 of IPC The appellant abjured his guilt and pleaded not guilty.

4. The prosecution, in support of its case, examined Gabbar@ Hemendra Mittal (PW1), Pyarelal (PW2), Complainant/ Anshubai (PW3), Ladsingh (PW4), Lakhan (PW5), Hemlata (PW6), Bharatsingh (PW7), Antarsingh (PW8), Jatansingh Mandloi (PW9) and Dr. Manish Chouhan (PW10). The appellant did not examine any witness in support of his defence.

5. After appreciation of the evidence came on record, the learned (Ramsingh v. The State of Madhya Pradesh) Additional Sessions Judge has convicted the appellant for the offence punishable under section 307 of IPC and sentenced to undergo five years R.I. with fine of Rs. 2,000/- with default stipulation.

6. The complainant (PW3) has fully supported the case of prosecution. She remained in the hospital for 22-25 days, however, she has denied her dying declaration statement recorded by the doctor vide Ex.P/4. However, in her cross-examination she has again stated that the appellant has caused her two stab injuries. So far as injuries are concerned, the prosecution has examined Dr. Manish Chouhan (PW10), who has confirmed two injuries sustained by the appellant to the complainant. Other witnesses have also supported the case of the prosecution.

7. At the very outset, learned counsel for the appellant submits that the appellant is not arguing the appeal on merit but submits that the appellant has wrongly been convicted for the offence punishable under section 307 of I.P.C. on the basis of the evidence came on record the conviction cannot travel beyond 324 or 325 of the I.P.C. and praying for reduction of sentence from the period of five years to the period of already undergone. It is further submitted by the learne