This Criminal Appeal under Section 374(2) of Criminal Procedure Code has

been filed by the appellant Satish Kumar @ Gudda against the judgement of

conviction and order of sentence dated 23.10.1998 passed by learned Additional

Sessions Judge, Jabalpur in Sessions Trial No. 964/1994, whereby the appellant

Satish Kumar @ Gudda has been convicted for the offences punishable under

Sections 307 & 324 of Indian Panel Code and has been sentenced to undergo

rigorous imprisonment for a period of 07 years and fine of 2000/- for commission

of offence under Section 307 of IPC and rigorous imprisonment for a period of 01

year and fine of Rs.500/- for commission of offences under Section 324 of IPC.

He was further directed to undergo rigorous imprisonment for a period of one year

and two months in default of payment of fine amount imposed upon him.

2. The prosecution story in short is that on 12.07.1994 at around 01:30 p.m.

Santu @ Santosh who was admitted in Victoria Hospital, Jabalpur informed ASI

K.G. Goswami (PW-1) that he resides near Pratap Dharam Kanta and makes

shoes. Today i.e. 12.07.1994 at around 01:00 p.m. he alongwith Narayan

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Digitally signed by AMITABH RANJAN

Date: 2022.04.06 09:45:58 IST

SAN

Signature Not Verified

Choudhary was standing near Biloran Paan Shop and was buying Gutka. That

time Satish Gupta and Pappu Gupta, resident of Punjab Bank Colony were also

standing there. They had some altercation with Narayan Choudhary, when he tried

to pacify the matter, Satish Gupta with an intention to kill him gave a knife blow on

his stomach but he turned due to which he sustained injury in the right side of his

back. Satish Gupta also gave a knife blow to Narayan Choudhary, causing injury in

his stomach. Blood started to ooze. Pappu Gupta abused them by uttering filthy

words related to mother and sister and also exhorted that these people should not

go alive today. Incident was witnessed by the shop keeper of Biloran Paan shop,

Ballu Choudhary and others present there. On the basis of narration given by Santu

@ Santosh, ASI K.G. Goswami (PW-1) recorded the Dehati Nalishi (Ex.P-1). On

the basis of Dehati Nalishi (Ex.P-1) F.I.R. (Ex.P-4) was registered in Police Station

Kotwali for commission of offence punishable under Sections 307/34 of IPC by

A S I K.G. Goswami (PW-1). He filled the forms Ex.P-2 and Ex.P-3 for

examination of injuries sustained by Santu @ Santosh and Narayan Choudhary. In

Victoria Hospital Dr. H.N. Mishra (PW-8) examined injured Santu @ Santosh and

Narayan Choudhary and gave MLC reports Ex.P-2 & Ex.P-3. Dr. H.N. Mishra

(PW-8) found the injury of Narayan Choudhary life threatening and referred him to

the Medical College, Jabalpur for further treatment. In Medical College Jabalpur

Dr. Vaishali Wahi (PW-5) examined and treated Narayan Choudhary (PW-10) and

found his injury dangerous to life and gave MLC report Ex. P-7.

3. After investigation, Police Kotwali filed the charge-sheet against the

appellant Satish Kumar @ Gudda and co-accused Pappu Gupta before the learned

Judicial Magistrate First Class, who in his turn committed the case to the Court of

Sessions.

4. Learned Additional Sessions Judge, Jabalpur framed charges against the

accused persons for commission of offences under Sections 307 (two count) of

IPC. Accused persons abjured their guilt and claimed to be tried.

5. In support of the case, prosecution has examined as many as 10

witnesses. K.G. Goswami (PW-1), Munna Patel (PW-2), Ballu @ Balram (PW-3),

Ram Kumar @ Biloran (PW-4), Dr. Vaishali Wahi (PW-5), Lala Babu Lal

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Digitally signed by AMITABH RANJAN

Date: 2022.04.06 09:45:58 IST

SAN

Signature Not Verified

Choudhary (PW-6), K.S. Bhati (PW-7), Dr. H.N. Mishra (PW-8), Ram Milan Patel

(PW-9) and injured Narayan (PW-10). Whereas accused-persons have not

examined any witness in support of their case.

6. Learned Additional Sessions Judge after recording the evidence of

prosecution witnesses and hearing the parties, acquitted the accused Pappu @

Vikram Gupta but found the present appellant/accused Satish Kumar @