NARENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is preferred against the judgment and findings recorded by the Third Addl. Sessions Judge, Morena in Criminal Appeal No. 32/94, decided on 21-8-97, whereby the respondents/accused namely Gariba, Gangaram, Rampalsingh and Asharam have been acquitted of offence under Sections 148 and 326/149 of IPC. Other co-accused respondents Kedarsingh, Jasrathsingh and Bhagirath Singh besides their acquittal by the same judgment dated 21-8-97 for the aforesaid offence, have been convicted under Section 323 of IPC for causing injures to Babusingh and sentenced to fine of Rs. 300/- each; in default of payment of fine, S. I. for two months.

(2.) THE prosecution story briefly stated is that on 14-11-89, at about 6 p. m. , in the evening, in village Udarpura, while Narendra Singh (P. W. 8) was watering his field, he was accompanied with P. W. 9 Nathusingh. At that moment, some hot discussions were made between accused Kedarsingh and P. W. 9 Nathusingh regarding taking of water and thereafter accused Kedarsingh came back to his house. After lapse of some time, it was alleged that accused-appellants alongwith other co-accused persons namely Ramcharan, Janaksingh and Nawabsingh again came on the spot. Ramcharan was armed with Farsa, Janaksingh with Kulhari, Gariba with Dhariya, Gangaram and Rampal with Hasiya whereas other co-accused persons were armed with lathis. The accused-persons surrounded Nathusingh (P. W. 9) and then first attack was made by accused Ramcharan by Farsa which hit on his head; Gariba was said to have inflicted Dhariya blow to him. When Babusingh (P. W. 5) came to save Nathusingh, he was also assaulted by accused Gangaram and Rampal by Hasiya on his head. Accused Janak Singh was alleged to have inflicted kulhari-blow to Babusingh while other accused-persons were said to have given lathi-blows to Babusingh. This incident was witnessed by Narendrasingh standing from some distance and it was on his raising alarm, Gendalal, Maharaj Singh and Patiram reached on the spot. The report of the incident was lodged by Narendrasingh as per Ex. P-5 on 14-11-89 at P. S. Porsa, on this basis of which crime was registered against the accused-persons. The injured-persons were sent for medical examination to the hospital where they were examined by Dr. M. P. S. Bhadoriya (P. W. 1), as per Ex. P-1 and Ex. P-2.

(3.) AFTER usual investigation, the challan was filed against the accused-persons by the police.