BABLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Appellants have preferred this Criminal Appeal on being aggrieved by the Judgment of Conviction passed by 3rd Additional Sessions Judge (Fast Track) Gwalior in S.T. No. 325/2000, whereby the Appellants have been convicted for an offence punishable under Section 147 I.P.C. for undergoing an imprisonment of One Year with fine of Rs. 200/- and under Section 148 I.P.C. for undergoing an imprisonment of Two Years with fine of Rs. 300/- and under Sec. 326/149 I.P.C. for undergoing an imprisonment of Five Years with Fine of Rs. 500/- for causing injuries to Injured/Complainant Ram Babu and have been further convicted under Section 323/149 I.P.C. for undergoing an imprisonment of One Month with fine of Rs. 200/- for causing injuries to Shree Bai.

(2.) The prosecution has disclosed through its evidence that on Date 25.07.2000 the Accused-Appellants had gathered together at about 11.00 PM at Village Nanakhedi and had formed an unlawful assembly with common object/intention of causing injuries to the Complainant Ram Babu, upon having deadly weapon in their hands. The Investigating Agency had submitted a Charge-Sheet against the Appellants and the Trial Court had framed Charges under Sections 307/149, 147, 148, 324, 324/149 and Section 294 I.P.C. and after completion of the Trial, the Appellants have been convicted under Sections 147, 148, 326/149 and 323/149 I.P.C. The prosecution case further reveal that P.W.-4 Ram Singh had entered into an agreement with Appellant-Pappu for Sale & Purchase of agricultural land and Ram Singh had paid Rs. 10,000/- as advance money in presence of P.W.-3 Lal Saheb but subsequently it was disclosed to Ram Singh that Pappu is not the Owner of the land, as the land belongs to one Sehariya, therefore, Ram Singh informed P.W.-3 Lal Saheb that when Pappu would show to him the documents of the ownership of land, then he would pay balance of amount to him.

(3.) When Pappu failed to convince Ram Singh about his ownership of the land, then Ram Singh demanded that the advance money be returned to him, which created an impression in the mind of Appellant Pappu that P.W.-3 Lal Sahab has created hurdle in the smooth execution of the agreement and upon having this feeling in mind, the Appellant Pappu hurled abuses at Lal Sahab on Date 25.07.2000 and subsequently, went to his house at 11:00 PM in the night, where Ram Babu came out of the House and Appellant Mahendra inflicted Farsa blow on his head and the other Appellants caused injuries with Lathis. During this incident, Sukhwanti Bai (P.W.-2) and Shree Bai (P.W.-5) respectively, wife and the mother of P.W.-1 Rambabu, also sustained injuries.