GANGA PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Each of the Appellants stands convicted under Sec. 326/34 of IPC and sentenced to undergo R.I. for 3 years and to pay fine of Rs.1000.00 and in default of payment of fine amount, to further undergo R.I. for 6 months, as ordered on 10/8/2001 by the Second Additional Sessions Judge (F.T.C.), Bemetara (Durg), in Sessions Case No. 337 of 1990.

(2.) Case of the prosecution in brief is that on 13/7/1990 (27 years back) at around 10:00 PM it is said that on account of a dispute arose because of the cutting of plough belonging to the Appellants, a fight ensued between the present appellants and the complainant party consisting of PW-20 Suddhuram, the injured witness, and one Pahar Singh who too was injured, who pending the trial had expired. Dehati Nalishi, Exhibit P-15, was lodged on the same day, i.e., on 13/7/1990, at 1:30PM by PW-20 Suddhuram and after investigation, FIR was registered. It is pertinent to mention that because of the fight between the two parties, a complaint case and an FIR was also lodged at the behest of the present Appellants at Police Station Bemetara, which was registered as Crime No.249 of 1990, wherein the present Appellants were the complainants and the injured in the present case were the accused persons. After investigation, the police authorities filed two separate charge-sheets and so far as the FIR lodged by the injured in the present case, Suddhuram, is concerned the case was registered as Sessions Trial No. 337 of 1990 and so far as the complaint lodged by the present Appellants, i.e., Crime No. 249 of 1990, the same got registered as Sessions Trial No. 393 of 1990. Both the trials were ordered to be held as a joint trial and the Court below proceeded further.

(3.) During the course of the trial, 22 witnesses were examined on behalf of the prosecution and on behalf of the defence three witnesses were examined. After the conclusion of the trial, the Court below vide impugned judgment dtd. 10/8/2001, found the present Appellants to be guilty of having committed the offence under Sec. 326/34 of IPC and sentenced them to undergo R.I. for 3 years and to pay fine of Rs.1000.00 with default stipulation. It is this judgment which is under challenge in the present appeal.