ASHARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This criminal appeal is filed by the accused against judgment and order dated 1.5.2006 passed by the Madhya Pradesh High Court, Jabalpur in Criminal Appeal No. 690/92 whereby the order of acquittal dated 30.8.1991 passed by Second Additional Sessions Judge, Betul in Session Case No. 22/89 stood reversed. By the impugned judgment, the appellants stand convicted under Section 307/149, IPC and sentenced to undergo 5 years R.I. and a fine of Rs. 5000/- to each accused.

(3.) As per the case of the prosecution, on 31.10.1988 Nandan (PW-1), Tikaram (PW-2), and Koshabai (PW-3) had gone to sow the seeds in their field. After sowing the seeds, when they were returning to their village, they saw the appellants along with three others hiding in the field of Chunni come out of the hiding and assaulted Nandan (PW-1). When Tikaram (PW-2) and Koshabai (PW-3) came to the rescue of Nandan, they were also beaten up. All the three were taken to the village Bijadehi and the FIR was lodged by PW-1 at Police Station, Bijadehi at 4:00 p.m. where the offence was registered under Sections 147, 148, 149, 324 and 307 IPC. The injured were sent to the Bijadehi hospital and from there they were referred to the District Hospital, Betul where they were x-rayed. In the x-ray, grievous injuries including fractures were found on the body of Koshabai and Tikaram. They remained in the hospital for 10/15 days.