NARSINGH NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Cr.P.C. on behalf of the appellant accused being aggrieved by the judgment dated 30.6.1995 passed by IIIrd Additional Sessions Judge, Satna in Session Trial No. 80/92 convicting and sentencing the appellant under Section 324 of IPC for RI three years with fine of Rs. 500. In default of depositing the fine further three months SI has been awarded.

(2.) As per case of the prosecution on dated 13.4.1992 at about 5.30 in the evening on grazing land of the village lalahach Gohirabandh. The complainant Hariom Narayan was subjected to beating by the present appellant accompanied with the acquitted co-accused by means of different implements, which were in the hands of the accused, out of them, the appellant caused him the blow of Gadasa. Resultantly, the complainant sustained injuries. He was taken to hospital where his MLC report was prepared. In this regard FIR, Ex. P-3 was initially registered at city Kotwali, Satna, on which the offence was registered as Crime No. 87/92 at P.S. Rampur Baghelan against the present appellant and other co-accused for the offence under Section 307, r/w Section 34 of IPC. After carrying out the investigation on concluding the same, the appellant alongwith others was charge sheeted for the abovementioned offence.

(3.) After committing the case, on framing the charge against all the accused for the offence under Section 307 and Section 147 in alternate Section 148, r/w Section 307 and 149 of IPC, they abjured the same, on which the trial was held, in which the prosecution has examined as many as ten witnesses. No one was examined on behalf of the appellant in defence. On appreciation of the evidence by acquitting the other co- accused from the aforesaid all charges, the present appellant instead the aforesaid offenses was held guility under Section 324 of IPC and sentenced, as mentioned above. The same is under challenge in the instant appeal at the instance of the appellant.