PREM LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 16-12-1996 passed by Additional Sessions Judge, Baikunthpur in Sessions Trial No. 27/1991 convicting the accused/appellants under Sections 148, 307/149, 323/149 and 325/149 I.P.C. and sentencing each of them to undergo rigorous imprisonment for one year u/s. 148, rigorous imprisonment for seven years with fine of Rs. 500/- u/s 307/149, rigorous imprisonment for three years with fine of Rs. 200/- u/s 325/149 and rigorous imprisonment for one year u/s. 323/149, plus default stipulations. Facts of the case in brief are that on 24-9-1989 FIR Ex. P-1 was lodged by Hiralal (PW-3) alleging that accused party was trying to take forcible possession over their land as a result of which reports were lodged against each other and the parties were having inimical relations. It is alleged that on the date of incident when the injured party was going for weekly market, on the way near Gaze river, accused persons were present there carrying different weapons with them and all of a sudden they opened assault at the injured party as a result of which Dharam Sai (PW-1), Mangal Prasad (PW-2), Hiralal (PW-3), Jangu Ram (PW-4), Sukhram (PW-5) and Dalai (PW-8) sustained various injuries. Based on this report, offences under Sections 147, 148, 149 and 307 IPC were registered against the accused/appellants and some other accused persons. Dharam Sai (PW-1) was medically examined vide Ex. P-18-A; Mangal Prasad (PW-2) vide Ex. P-20-A; Hiralal (PW-3) vide Ex. P-22-A; Jangu Ram (PW-4) vide Ex. P-23-A; Sukhram (PW-5) vide Ex. P-19-A; and Dalai (PW-8) vide Ex. P-21-A. In the X-ray report Ex. P-28 of Dharam Sai (PW-1) fracture of fibula was there and in that of Dalai vide Ex. P-27 fracture of humorous bone was there. In respect of Hiralal (PW-3) who suffered head injury, offence under Section 307 IPC was registered against the accused persons. In respect of said Hiralal query report Ex. P-24-A was given by Dr. R.K. Rajmani (PW-13) opining that head injury of victim Hiralal was dangerous to life. After completion of investigation, charge sheet was filed against 10 accused persons for the offences under Sections 147, 148, 149 and 307 IPC. However, the Court below framed charge against them under Sections 148, 307/149, 323/149 and 325/149 IPC.

(2.) In support of its case, prosecution has examined 13 witnesses. 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.

(3.) After hearing the parties, the Court below has acquitted accused Mangal Sai, Jawahar, Suduram and Kataru of all the charges levelled against them but convicted and sentenced the present appellant as mentioned above.