LAKHANLAL @ LAKHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the learned Single Judge of the High Court of Madhya Pradesh at Jabalpur on 05.01.2019 maintaining the conviction and sentence of the appellant for the offences under Sec. 325 read with Sec. 34 of IPC. The appellant was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000.00. In the event of non-payment of fine, the appellant was to undergo another period of imprisonment for six months.

(2.) Initially, eight accused were made stand to trial for the offences under Sections 147, 148, 149, 325 and 307 of Penal Code in respect of the incident, which occurred on 30.10.1989 at 20.30 hours at Village Sirodi Police Station Doraha, District Sehore.

(3.) The prosecution's case is that on 30.10.1989, when Ramesh and Munshi Lal were returning to their home after seeing Jaware, accused-appellant hit complainant Munshi Lal with lathi which struck on the elbow of his left hand whereas the second blow was on the left side of his head. After completion of investigation, the accused-appellant along with other accused was made to stand trial before the learned Magistrate.