KULDEEP Vs. STATE OF M.P

JUDGEMENT

(1.) Heard. Unsuccessful before two Courts trial as well as the Appellate, the petitioners are now before this court with a compromise with the complainant and with the prayer that their sentence be reduced to the period already undergone.

(2.) The trial court has convicted the petitioners under section 324 / 34 of IPC and has awarded 6-6 months RI each with fine of Rs.500-500/- each in default of fine 1-1 month additional R.I, vide judgment dated 30.3.2019 rendered in Criminal Case no.1318/2014 (RCT.No. 401318/2014) by the Judicial Magistrate First Class, Aagar District Shahjapur. The II Additional Sessions Judge, Agar, District Shajapur has confirmed their conviction and sentence vide judgment dated 15/1/2020 delivered in criminal appeal no.90/2019.

(3.) The incident, which is the cause of the present petition is that on 4.10.2014 at about 1:00 PM in the afternoon there was a tongue lashing between the Complainant Lakhan Singh (PW-1) and petitioners Kuldeep @ Dilip and Baje Singh on the issue as to whose tractor will proceed ahead in religious procession of Goddess. The petitioners claimed that their tractor exhibiting statue of Goddess shall be placed ahead of the others. Both the petitioners and the complainant embroiled in a dispute. The petitioners hurled abuses and detain the way of the Complainant Lakhan Singh. Baje Singh inflicted sword on the head of the complainant. Govind Singh (PW-3) and Ranjeet Singh intervened and rescued him. Baje Singh also threatened him to kill him in future. The complainant was admitted in the hospital. He lodged a report (EX-P-1), which was registered at Crime No.228/2014 under Sections 323 , 341 , 294 , 324 / 34 , 506 Part II of IPC.