RAMESH KOLTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 2/9/1999 passed by Additional Sessions Judge, Mahasamund in Sessions Trial No. 75/1996 convicting and sentencing the accused/appellants:-

(2.) As per the case of prosecution, there was an old land dispute between the accused/appellants and the complainant party. On 11/5/1995 the accused/appellants had broken the bund of the field which was in possession of the complainant party for which the matter was reported to the village Panchayat. On 12/5/1995 when injured Jogendro (PW-7), Vikram (PW-8) and Shouki Lal (PW-9) were working in their field, at about 8 AM the accused/appellants reached there carrying axe and club in their hands and assaulted them. FIR Ex. P-34 was lodged on 12/5/1995 at 11 AM by Vikram Kolta (PW-8) for the offences under Ss. 341, 294, 307 and 323/34 IPC. PWs 7, 8 and 9 were medically examined on the same day by Dr. S.K. Shukla (PW-1) vide reports Ex. P-4, P-2 and P-17 respectively. As per x-ray report Ex. P-5 of Jogindro (PW-7) there was fracture on his left frontal bone and the query report Ex. P-7 reflects that injury of PW-7 was grievous in nature and sufficient to cause death if the medical treatment was not provided immediately. Injuries caused to PW-8 and PW-9 were however opined to be simple in nature. After completion of investigation and filing of challan, the Court below framed the charge under Ss. 307/34, 323/34, 294 and 323 IPC against accused Chheriya; under Ss. 307/34, 324, 294, 323/34 IPC against accused Kishore; under Ss. 307, 324, 294, 323/34 IPC against accused Ramesh; and under Ss. 307/34, 324, 294, 323/34 IPC against accused Narayan.

(3.) So as to hold the accused/appellants guilty, prosecution has examined 10 witnesses in support of its case. Statements of the accused/appellants were also recorded under Sec. 313 of the Code of Criminal Procedure in which they denied the charge levelled against them and pleaded their innocence and false implication in the case.