This criminal appeal under Section 374 (2) of the Code of Criminal

Procedure has been filed by the appellant Lokman against the judgment of

conviction and order of sentence dated 19.05.1998 passed by VIIth Additional

Sessions Judge, Jabalpur in Sessions Trial No. 604/95 whereby appellant Lokman

has been convicted for commission of offence punishable 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 28.04.1995 at about 09:35 a.m.

Santosh Yadav (PW-4) resident of village Gram Sundarpur P.S.Panagar lodged

FIR stating that he is a milkman and sells milk. Today he by his bicycle had come

to sell milk in Chandan Colony Manegoan. After giving milk in Chandan Colony

with a view to purchase Khalli Chunni from Munna Khalli Chunni's shop he came

to Sai Pradhan. After parking his bicycle in front of the shop of Munna, he was

standing there. At around 09:05 a.m. someone from back side put a hand on his

left shoulder. At this, when he looked back, he found that middle son-in-law of his

uncle (phoopha) Phoolchand, gave a knife blow on the right side of his back and

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Date: 2022.04.12 18:53:24 IST

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fled away after thrusting knife in his back. His back started to bleed. He raised

alarm and sat down there. Shop Keeper Munna and one Halke who were standing

there had seen accused inflicting him knife blow. Munna asked who had given the

blow then he told him that it was his uncle's son-in-law.

3. Ramkumar Patel, who was also standing there took out knife from his

back and tied the wound with a towel and brought him to police station along with

knife. He further stated that in the evening of 28.04.1995 Barat had come to

Phoolchand Yadav's house and there his Raipurawala son-in-law was creating

ruckus after consuming liquor. At this, he and others had scolded him. Over that

issue, he gave a knife blow on his back with an intention to kill him. An FIR was

registered at Crime No.243/95 of P.S. Ranjhi for commission of offence under

Section 307 IPC by ASI R.S. Singh (PW-1) on the basis of narration given by

Santosh (PW-4). R.S. Singh (PW-1) sent him to Victoria Hospital for medical

examination. He seized blood stained knife from witness Ramkumar and prepared

seizure memo Ex.P/5. He prepared spot map Ex.P/4. He seized blood stained

clothes of injured Santosh and prepared seizure memo Ex.P/6. In Victoria Hospital

Dr. M.M. Agrawal (PW-2) examined injured Santosh and gave MLC report

Ex.P/3. He referred him to Medical College for further treatment. In Medical

College, Dr. A.K. Tondar (PW-5) examined Santosh and found an incised wound

over right side of his chest and found this injury dangerous to life in the ordinary

course of nature. He gave his report Ex.P/10. Next day i.e. on 29.04.1995

Purushottam Singh (PW-6) Naib Tehsildar recorded dying declaration Ex.P/10 of

Santosh. After investigation, police Ranjhi filed a charge sheet against the present

appellant Lokman before the learned Judicial Magistrate, First Class, who in its

turn, committed the case to the Court of Session.

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

accused for commission of offence under Section 307 of IPC. Accused abjured

his guilt and claimed to be tried.

5. In order to prove its case, the prosecution has examined seven

prosecution witnesses namely R.S. Singh (PW-1), Dr. M.M.Agrawal (PW-2),

Mahendra Singh Sahu (PW-3), Santosh (PW-4), Dr. A.K. Tondar (PW-5),

Purushottam Kumar (PW-6) and M.M. Khan (PW-7) whereas accused person has

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Date: 2022.04.12 18:53:24 IST

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not examined any witness in support of his case.

6 . Learned Additional Sessions Judge after recording the evidence of

prosecution witness and hearing the parties found the appellant/accused Lokman

guilty for commission of offence under Section 307 of IPC and sentenced him as

aforementioned. Being aggrieved by the conviction and sentence