DHARAM S/O BALIRAM Vs. STATE OF MP

JUDGEMENT

(1.) The appellants stand convicted for the offence under Ss. 148, 326/149, 324 and 323/149 IPC and have been sentenced to undergo RI for one year with fine of Rs.1000.00, RI for seven years with fine of Rs.5000.00, RI for three years with fine of Rs.2000.00 and RI for six months with fine of Rs.500.00 respectively with default stipulations to each of the appellants vide judgment dtd. 15/1/2001 passed by the Second Additional Sessions Judge, Jagdalpur (Bastar), in Sessions Trial No.83/1991.

(2.) The case of the prosecution in brief is that, the appellants were convicted for the offence under Sec. 326 IPC for the assault made on PW-2, Bhakchand, offence under Sec. 324 IPC was lodged for the assault made upon Sonabati, PW-3 and offence under Sec. 323 IPC was in respect of the injury caused upon PW-1, Ramcharan. An FIR was lodged by PW-1, Ramcharan on 8/6/1990. It is alleged that PW,1, Ramcharan, PW-2, Bhakchand and PW-3, Sonabati jointly have gone to the field belonging to one Sunder Lal in order to pluck the Jackfruit. According to the prosecution, when these persons were plucking the jackfruit from trees belonging to Sundar Lal, the appellants herein had objected and assaulted them resulting in their injuries. Initially case was lodged against seven persons i.e. Sundar Lal and his two sons and the present appellants. After completion of investigation, the matter was put to trial before the Second Additional Sessions Judge, Jagdalpur vide Sessions Trial No.83 of 1991. Offence under Ss. 147, 148, 307, 323, 326 and 507-B read with Sec. 149 IPC were charged against the present appellants.

(3.) The prosecution, in all, has examined as many as 8 witnesses. There was only one witness i.e. DW-1, Ramlal Sethiya, examined on behalf of the defence.