CHHUTTAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 03.02.1995 passed by Third Additional Sessions Judge, Raipur in Sessions Trial No. 430/92 convicting the accused/Appellant for the offence under Sections 307 and 324 of IPC and sentencing him to undergo rigorous imprisonment for two years under Section 307 and rigorous imprisonment for one year under Section 324 of IPC. Both the sentences were directed to run concurrently.

(2.) Brief facts of the case are that on 06.10.1992 at about 8 p.m. Dehati Nalishi Ex.P-3 was recorded by the victim Kalakunj Soni (PW-4) alleging in it that on that day at aoout 7 p.m. the accused/Appellant Chhottan and the acquitted accused Jugnu assaulted him, Panalal (PW-2), Ashok Kumar (PW-3) and Navin Harpal (PW-5). Based on this Dehati Nalishi, FIR Ex.P-5 was registered on 06.10.1992 itself under Section 307/34 of IPC against the two accused persons. The case of the prosecution is that on 06.10.1992 there was some dispute between the accused persons and the injured party as a result of which the accused persons assaulted four persons by means of knife. After investigation, challan was filed on 22.10.1992 under Sections 307, 324, 323 read with Section 34 of IPC. However the Court below framed charge against the accused persons under Sections 307 and 324 read with Section 34 of IPC.

(3.) So as to hold the accused persons guilty, prosecution has examined 14 witnesses in support of its case. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.