PRAMOD SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred this appeal under Section 374 of the Code of Criminal Procedure, feeling aggrieved by the impugned judgment of conviction and sentence dated 1.7.2006 passed by Third Additional Sessions Judge, Morena in Sessions Trial No.22/2002, whereby the appellants/accused persons have been held guilty for the offences under Section 307/149 IPC, sentenced to five years RI each with fine of Rs.1000/- each, in default to undergo six months RI; under Section 323/149 of IPC, sentenced to six months RI each with fine of Rs.500/- each, in default to undergo one months RI each; under Section 148 of IPC, sentenced to one year RI each with fine of Rs.500/- each, in default to undergo three months RI each. All the sentences were directed to run concurrently.

(2.) Brief facts of the case are that the complainant's house is adjacent to the house of co-appellant Kalyan Singh. Kalyan Singh and his sons had planted a tableau of jhankro in the midst of his house and house of complainant, and due to wind jhankars lie at the side of complainant's house. On asking by the complainant to remove the jhankars co-appellant Kalyan Singh refused to do so then Jandel Singh, nephew of complainant Ganga Singh removed jhankars. All the appellants/accused persons started beating Jandel Singh with lathi. Jandel Singh received injuries on head and near right temporal. Appellant Garsingh came with axe and assaulted on Jandel Singh. Complainant rescued Jandel Singh then appellant Kalyan gave him lathi blow. Complainant suffered injuries on back and right hand.

(3.) The matter was reported to Police Station Ambah, District Morena, on which basis the police registered a case at Crime No. 214/2001 for the offences punishable under Sections 307/34 of IPC. After due investigation, the charge sheet has been filed against appellants/accused persons.