KALWANT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since these two appeals arise out of a common judgment, they are heard together and decided by the following common judgment.

(2.) The appeals are directed against the judgment dated 27.7.2000 passed in Sessions Trial No.99 of 1999 by the 6 th Additional Sessions Judge, Durg convicting and sentencing each of the Appellants as under:

(3.) Facts of the case, in brief, are that an earlier dispute was existing between Jankirao (PW10), his brother Punnaram and the present Appellants for installation of cable tv connection. On 11.12.1998, Jankirao (PW10) along with Rakesh Kumar Patil (PW8) was going from Akash Ganga, Supela to Sector 6 on a scooter. On the way, in Street 3 of Sector 6, all the Appellants, due to the old dispute, surrounded and assaulted them. Jankirao sustained injuries above the eyes, on the head and on the hand and legs and Rakesh sustained injuries on left cheek and legs. Both the injured were taken to Police Station Kotwali by Punnaram, brother of Jankirao in a tempo vehicle. Punnaram lodged First Information Report (Ex.P28). Jankirao and Rakesh were medically examined by Dr. Lal Mohd. Khan (PW2). Jankirao was referred to Sector 9 Hospital, Bhilai where Dr. Kalpana Kumari (PW9) admitted him in Neuro-Surgery Ward. Statements of witnesses were recorded under Section 161 of the Cr.P.C. On completion of the investigation, a charge-sheet was filed against the Appellants for offence punishable under Sections 307, 147, 148, 149, 341, 427, 325 of the Indian Penal Code and Sections 25 and 27 of the Arms Act. Charges were framed against them under Sections 147, 148, 341, 307 in the alternative under Section 307/149 of the Indian Penal Code.