PANCHRAM NIRMALKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment dated 19.05.1999 passed by the Additional Sessions Judge Bilaspur, in Sessions Trial No. 492 of 1998, whereby the appellants were convicted for the offence punishable under Sections 307, 307 and 324 IPC and sentenced them to undergo RI for 7 years under Section 307 IPC, RI for 7 years under Section 307 IPC and RI for 1 year under Section 324 IPC with default stipulation.

(2.) The prosecution case in brief is that, on 04.10.1998 FIR Ex.P-1 was lodged by complainant Hanuman Singh stating therein that on the date of incident his daughter Vandana (PW-11) came and informed him that appellant Pancharam assaulted his son Jitendra with sword like weapon. It is alleged that previously on account of taking bath in a pond there was some dispute between the son of the complainant and the appellants where some marpeet with him had taken place. After receiving this information, the complainant reached the spot and saw appellant Pancharam inflicting injuries on the face, jaw, stomach and rib of his son which were bleeding also. When he tried to save his son, he too was assaulted by accused Panchram with some sharp edged weapon causing injuries on his head, ear, left hand and left side of rib with an intention to cause his death. Even his daughter Vandana was also assaulted by accused Panchram. The injured persons were taken to hospital by Shriram Yadav, Mahesh Yadava and Baba Thakur but unfortunately they have not been examined by the prosecution. It is further stated by injured Jitendra that while he was being assaulted by accused Panchram, the other accused Bodiram was holding him, and thereafter taking him to be dead, both the accused appellants went into hiding. FIR Ex.P-1 was registered by Sub Inspector K. S. Ratiya (PW-5) against the appellants and thereafter the injured were admitted for their medical treatment vide Ex. P-8, 9 and Ex. P-10. After medical examination of the victims and completion of investigation charge sheet was filed against the accused/appellants under Sections 307/34 but the Court below framed the charge against both of them under Sections 307 IPC.

(3.) After conclusion of trial the Court below convicted the accused/appellants under Sections 307 (twice) and 324 IPC with imposition of sentence of RI for seven years u/s. 307 IPC each and that of one years under Section 324 IPC. Hence, this appeal.