NARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment of conviction and order of sentence dated 10.3.1992, delivered in S.T. No. 1/1988, whereby, the learned 2nd Additional Sessions Judge, Raipur has convicted the Appellants under Section 307 read with Section 34 of the IPC and sentenced each of them to undergo R.I. for 5 years and to pay a fine of Rs. 100/-, in default of payment of fine to further undergo R.I. for one month.

(2.) THE case of the prosecution, in brief, is that on 16.8.1987 the Appellant No. 2 Rekhu lodged FIR stating therein that on 15.8.1987 from the evening of 5:00 pm. he along with Chintu were on duty in the village Birbira at Chain No. 2371 and they were sitting in Kundra at about 12:00 in the night, at that time, one man came there and asked them a glass for drinking water. He offered bidi to them, however, they did not accept, then suddenly he assaulted both of them with hands and fists, thereafter, one more person came there and he also assaulted both of them with hands and fists. However Rekhu escaped from there and met with Hari and Maniram. THEn, they altogether reached to the place of occurrence and saw that Chintu was lying there who was unconscious. THE matter was reported and the FIR was lodged by the police. Chintu was sent for medical examination. Dr. Sharad Chandra Shrivastava (P.W.-7) examined injured Chinturam and found several simple injuries on his body.

(3.) CHARGE under Section 307 read with Section 34 of the IPC was framed and read over and explained to the Appellant, who abjured the guilt and pleaded that they have been falsely implicated in the case. Appellant No. 1 and 3 took a plea of alibi.