MADAN AND OTHERS Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 09.02.1994 passed by Additional Sessions Judge, Raipur in Sessions Trial No. 03/1992 convicting accused/appellants Madan and Dombuda under Section 307 Indian Penal Code and accused/appellant Pustam under Section 307/34 Indian Penal Code and sentencing them to undergo rigorous imprisonment for seven years.

(2.) Case of the prosecution in brief is that on the basis of written report Ex. P-1 lodged on 6.8.1990 at about 10.40 a.m. FIR Ex. P-9 was registered on the same day at about 5.30 p.m. by complainant Gaurishankar (PW-1) alleging that on that day at about 11 a.m. when the accused/appellants were grazing their cattle in his field, he had asked them not to do so and on this, the accused/appellants came there and started abusing, and then assaulted him with axe and club.

(3.) So as to hold the accused/appellants guilty, prosecution has examined 09 witnesses in support of its case. Statements of the accused/appellants were also recorded under in which they denied the charge levelled against them and pleaded their innocence and false implication in the case.