BAPULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have preferred this appeal challenging their conviction and order of sentence passed by First Additional Sessions Judge, Sehore in S.T.No.23/95, decided on 28.10.98.

(2.) Appellants have been convicted under Section 148, 324/149 of IPC and sentenced to rigorous imprisonment for two years with fine of Rs.2,000/-, in default further rigorous imprisonment for six months, and rigorous imprisonment for two and half years with fine of Rs.2,500/-, in default rigorous imprisonment for six months, for the respective offences. The sentences were directed to run concurrently. Appellants are also convicted under Section 341 of IPC and sentenced to fine of Rs.300/-, in default rigorous imprisonment for seven days by the impugned judgment.

(3.) As per prosecution case, on 27.9.94 about 2 'O'clock in the noon at village Uttar-Guha, when complainant Jagannath Singh was returning from the field with a bundle of grass and reached near the hut of Gopi Chamar, appellant Achal Singh intercepted him and gave two lathi blows on his legs, as a result of which complainant Jagannath fell down. Appellant Hemsingh also came there and assaulted him by means of an axe on his left arm; other appellants, namely, Bapulal, Kamal Singh, Bhura, Phool Singh and Premsingh armed with lathi also emerged there, besieged him and began assaulting him causing injuries on his back, hands, legs and the scapular region; appellant Achal Singh also exhorted the other appellants to kill him. Appellants had assaulted him due to old enmity. Ajab Bai and Balveer, the wife and son of complainant Jagannath, who were following him, called Gokul and Maharaj Singh. Complainant Jagannath was then taken to the Police Station, where he lodged the FIR. On the basis of his report, an offence was registered against the appellants and was investigated. Injured complainant was sent for medical examination. The axe and lathi used in the commission of offence were seized from the appellants. After due investigation, appellants were prosecuted under Section 147, 148, 341 and 307 of IPC and were put to trial.