PREMNARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have preferred this appeal against their convictions and sentences passed by the First Additional Sessions Judge, Sehore, in Sessions Trial No. 65/83, decided on 31-8-1989.

(2.) APPELLANT Premnarayan was convicted under Section 326 of the I. P. C. and sentenced to undergo rigorous imprisonment for two years and a fine of Rs. 1,000. 00. He has also been convicted under Section 325/34 of the I. P. C. and sentenced to undergo R. I. for one year and pay a fine of Rs. 200. 00. Appellant No. 2 Gangaram has been convicted under Sections 326/34 of the I. P. C. and sentenced to undergo R. I. for two years and fine of Rs. 1,000. 00. He has also been convicted under Section 325 I. P. C. and sentenced to undergo R. I. for one year and fine of Rs. 200. 00. Appellant No. 3 Gajraj Singh and appellant No. 4 Dulichand each has been convicted under Section 326/34 of the I. P. C. and sentenced to undergo R. I. for two years and fine of Rs. 1,000. 00. Each of them has also been convicted under Section 325/34 of the I. P. C. and sentenced to undergo R. I. for one year and fine of Rs. 200. 00. All the sentences have been made to run concurrently. In default of payment of fine of Rs. 1,000. 00 and Rs. 200. 00, each of the appellants has been sentenced to undergo simple imprisonment for four months and one month respectively.

(3.) BRIEFLY stated, the prosecution case is that Ramprasad (P. W. 1) had married his daughter Sugan to accused Gangaram about 5 years prior to 30-10-1982. 3 or 4 months prior to the date of incident, in the month of Aashadh, Sugan was sent with accused Gangaram after performing Gauna ceremony. Thereafter Ramprasad had gone to bring back Sugan, but the accused persons did not send her. Thereafter, about a month prior to the date of incident, Ramprasad got a search warrant issued from Shujalpur Court and he along with police, went to village Siradi, but Sugan was not found there. As such, the warrant could not be executed. On 29-10-82, Ramprasad and Kailash Singh went to village Siradi in search of Sugan. Kailash Singh has relations at village Sirodi. Kailash Singh and Ramprasad stayed at the house of Shyamlal at Siradi. It is alleged that on 30-10-82, when Ramprasad and Kailash Singh were returning from Siradi in the evening at about 6 p. m. , at a distance of about half a mile from village Siradi, they met accused Premnarayan and Dulichand armed with Farsi, Gangaram armed with Lohangi and Gajraj with Lathi. It is alleged that Ramprasad dealt lathi blows on the back and right hand of Ramprasad. Accused Gangaram also dealt a Lohangi blow on him. Kailash Singh tried to pacify, but Premnarayan and Dulichand inflicted Farsi and Lohangi blows on his hand and forehead of Kailash Singh (P. W. 2 ). Thereafter Ramprasad and Kailash Singh (P. W. 2) went to Khajuri Bungalow, boarded a bus and went to Sehore railway station and there narrated about the incident to Jagdish and Shahjad. From there, they went to Shujalpur. At Shujalpur which is at a distance of about 70 kilometres from the place of incident, Ramprasad lodged a report at 11. 10 in the night which is Ex. P-1.