GOINDIA Vs. STATE OF M.P.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 7 -7 -1997 passed by 2nd Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial No. 281 of 1993 whereby and whereunder learned 2nd Additional Sessions Judge after holding the appellants guilty for commission of offence, convicted them under Section 324 read with Section 34 of the IPC and sentenced them to undergo SI for one year and to pay fine of Rs.200/ - each, in default of payment of fine amount to undergo further SI for three months.

(2.) As per case of prosecution, on 19 -1 -1992 at about 4.00 am the complainant Tatee lodged the report in Police Station against the present accused/appellants and other co -accused stating that when he was sitting in his house, appellant No.1 Goindia came to his house along with appellant No.2 Hemnath and other co -accused for performing "Cherka" dance and after completion of the dance appellant No.1 Goindia demanded paddy from complainant but the complainant instead of paddy gave rice to them. Being annoyed appellant No.1 threw the rice given by the complainant and abused him. After some time, when the complainant went some, present appellants assaulted the complainant by Tangia and Lathis near the house of Gochu. Thereafter complainant went to Police Station and lodged report against the present appellants on the basis of which FIR (Ex. P/1) was lodged against the present appellants.

(3.) After completion of investigation, Police filed the charge -sheet before the Court of Judicial Magistrate First Class, Jagdalpur, who in turn committed the case to the court of Sessions Judge, Jagdalpur. Learned Sessions Judge received the case on transfer for trial.