RAGHU RAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been preferred against the judgement of conviction and order of sentence dated 29-10-1998 passed by Second Additional Sessions Judge, Raigarh in S.T. No.122 of 1995 whereby and whereunder the learned Additional Sessions Judge has convicted the appellants and Co-accused Chhatram under Sections 326 read with Section 34 of the IPC and sentenced to undergo RI for 5 years with fine of Rs.500/- and under Section 307 read with Section 34 of the IPC and sentenced to undergo RI for 10 years with fine of Rs.1000/- each respectively with default stipulations with a direction to run both the sentences separately.

(2.) Co-accused Chhattram has not filed any appeal against the judgement. One application was filed by him with a prayer to order concurrent running of both the sentences. An M.Cr.C. No.315 of 2002 was registered by this Court which has been disposed of on 22-12-2016 on the basis of information received from Jail Superintendent, District Jail, Raigarh that appellant Chhattram has paid the fine amount and has been released from jail, after receiving the benefit of remission in sentences by the State Government.

(3.) The case of the prosecution, in brief, is that the appellants and Co-accused Chhattram met with Maharam (Complainant) (PW-7) on his agricultural field at about 7-00 p.m., co-accused Chhatram had an objection that Maharam (PW-7) furnished bail for Bodhi Kanwar in a case, quarrelling on this subject, co- accused Chhatram assaulted Maharam with an axe causing him grievous injury and a simple injury vide Ex. P-1. Later on, all the accused persons assaulted Sadhuram (PW-8) with axe causing him grievous injury and simple injury vide Ex. P-2 and Ex. P-7. Immediately, a report was lodged in police station, which was recorded in Station House Diary on 07-04-1995. After medical examination of the injured persons, FIR (Ex. P-10) was lodged on 07-04-1995, registering the offence under Sections 326 against co-accused Chhatram.