SANTOSH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both these appeals have arisen out of same judgment, therefore, they are heard analogously and are being decided by this common judgment.

(2.) The appellants have preferred these appeals against judgment and order dated 18.4.2018 rendered in Special Trial No. 73/2015 by Special Session Judge ST/SC Act District Rajgarh (Bioara); whereby, the learned Trial Court has convicted the appellant Santosh under Section 326 and has awarded 4 years R.I with fine of Rs. 1,000/- in default further to undergo additional R.I. for six months and appellant Kishore Sihgh under Section 326/34 of I.P.C. and has awarded 3 years R.I with fine of Rs. 1,000/- in default further to undergo additional R.I. for six months.

(3.) The prosecution case in brief is that, on 29.9.2015, at about 10.00 in the forenoon the complainant Ramcharan PW-5 was coming back home after taking bundle of grass 'Ghas Ka Beeda' and his brother Narayan Singh PW-6 were going towards their well situated in the farm. When they crossed each other Ramcharan asked Narayan as to where he is going, he replied that he is going to get the pump set fitted in the well repaired. At that time, appellant Santosh having Axe and his brother appellant Kishore having stick in their hands reached there. They restrained the way of Narayan and started abusing in the name of his caste. Narayan asked them not to do so, but instead they assaulted him. Santosh inflicted Axe on his head with intent to kill him. He moved aside, but sustained injury on left temple region. Santosh repeated the blow which hit left shoulder of Narayan. Narayan fell down on the ground. Kishore also beat him with stick. Ramcharan rescued him. The offenders ran away from the spot, but threatened to kill them in future. Mechanic Mokam Singh, who was called to repair the pump set had also come and had seen the incident. Ramcharan PW-5 and Ram Babu PW-4 took injured Narayan PW-6 to Civil Hospital Bioara where Dr. Naresh Kukarel PW-3 examined him and submitted MLC report EX-P --