INDRAPAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since aforesaid criminal revisions are arising out of the same judgment and order; therefore, the same are being disposed of by this common order.

(2.) Applicants Indrapal Singh and Musab Singh have filed aforesaid criminal revisions under Section 397 read with Section 401 of the Code of Criminal Procedure being aggrieved by the judgment dated 29.03.2019 passed in Criminal Appeal No.517/2012 by learned V Additional Sessions Judge, District Chhatarpur; whereby affirming the order of conviction and sentence dated 30.11.2012 passed by learned JMFC, Rajnagar, District Chhatarpur in Criminal Case No.43/2010 convicted both the applicants for the offence punishable under Sections 147, 148 and 325 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year under Sections 147 and 148 of the Indian Penal Code and rigorous imprisonment for three years and fine of Rs.1000/- under Section 325 of the Indian Penal Code. In default of payment of fine, to undergo additional rigorous imprisonment for two months.

(3.) The case of the prosecution against both the applicants in short is that applicants along with other co-accused armed with a wooden stick formed an unlawful assembly for assaulting injured Chandra Pratap Singh (PW-1). On 10.09.2001 in the evening at 06:00 p.m. when applicants along with other members of unlawful assembly found Chandra Pratap Singh alone, they inflicted injuries on the person of injured. The injured received grievous injuries and fell down on the spot. Rampal and other witnesses rescued the victim. The victim immediately lodged the report at police station Khajuraho at 07:30 on the same day which was registered as Crime No.101/2001 against the applicants. The victim was sent for medical examination. The fracture in the right leg and hand was detected by the doctor. During investigation, wooden stick was seized from the possession of the applicants. After completion of investigation, charge sheet has been filed in the Court of JMFC.