ORDER

In this criminal appeal the judgment delivered on 19.11.2024 by Sessions Judge, Shahdol, in Sessions Trial No.12/2023 is under challenge whereby the appellant (hereinafter referred to as ‘accused’) was convicted of the offence of Section 450 and 326 of IPC and was sentenced under individual charges to five years rigorous imprisonment with fine of Rs.5,000/- with a default clause to undergo one year rigorous imprisonment in case of non-payment of fine.

2. Brief facts relevant for the decision of this criminal appeal are that on 11.09.2022 at around 5:30 p.m. victim Dev @ Pintu Vishwakarma was with his wife Vandana inside the rented room, which is situated behind Aman Hotel; he heard knock at the door and when he opened the door, accused was standing there with whom complainant had previous acquaintance; accused made a query about why the complainant was here and after entering into the room, accused gave the complainant several blows with the knife which he was carrying; on sustaining injuries, complainant screamed and his wife, his landlady and one more girl arrived and intervened; accused fled away from the spot; earlier accused used to have conversation on phone with the wife