CHANDRABHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants/ac-cused have come forward with this appeal un-der Section 374 of Cr.P.C. being aggrieved by the judgment dated 30.9.2003 passed by the Sessions Court, Datiya in Sessions Trial No. 135/ 1999 holding guilty to the appellant No.l for the offence under Section 307 of IPC, while the appellants No.2 to 4 under Section 307, r/w Section 34 of IPC and sentencing to each of them for RI two years with fine of Rs. 1,000 in default of depositing the fine amount further six months SI has been awarded.

(2.) The facts giving rise to this appeal in short are that on dated 26.2.1999 the victim Amar Singh came to Bhander for purchasing some commodity of glossary shop where he found the appellants Veer Singh and Chandrabhan under the influence of liquor. As there was earlier en-mity of Amar Singh with one Khet Singh, the nearest person of said Veer Singh and Chandrabhan because of some open Govern-ment land of the village for which exchange of abuses had also taken place between them on various occasions. On the aforesaid date at Bhander some exchange of filthy abuses be-tween said Veer Singh. Chandrabhan and Amar Singh had also taken place. Thereafter Amar Singh came back to the village Taudoth and told about such incident to one Radhelal. Thereaf-ter at about 9 O'clock in the night when Amar Singh was going to answer the call of nature, on the way near the house of Radhelal Jatav, he was intercepted and apprehended by the appellants. Out of them Chandrabhan was hav-ing farsa in his hand while Veer Singh had a ballam in his hand and Karan Singh and Pannalal had lohangi sticks in their hands. Ini-tially Amar Singh was subjected to filthy abuses by the appellants by the time, hearing the noise of abuses Daulat Ram, Johar Singh and Mukandi came there to rescue him at the same time the appellant No.l Chandrabhan gave a blow of farsa on his head. On sustaining the injuries the blood was profused from it. At the same time Veer Singh gave a blow of ballam in the ear of Amar Singh. Blood was profused from it also. Consequently the victim Amar Singh fell down. Thereafter said Mukundi was also sub-jected to beating by Lohangi lathi by Karan Singh and Panna Lai. Resultantly he also sus-tained injuries on his left hand, west and also some other parts of his person. The appellants Karan Singh and Pannalal also gave the blows of stick on the person of Amar Singh. On hear-ing the noise of such quarrel and intimidation of the appellants to the victims with abuses some other persons also came there to rescue them, on which the appellants flayed away from the place of incident. Because of late night the vic-tim Amar Singh was taken to police station on the next morning, where after lodging the re-port he was sent to hospital, where on medical examination his MLC was prepared and was admitted in the hospital for further treatment. The MLC report of Mukundi was also prepared. After holding the investigation, the appellants were charge-sheeted for the offence under Sec-tions 341, 294, 506B, 323, 324/307 of IPC.

(3.) After committing the sessions, considering the papers of the charge-sheet, the charge of Section 307 of IPC was framed against the ap-pellant No.l Chandrabhan while the charge of Section 307/34 and 323 were framed against the appellants Karan Singh and Pannalal and the charge of Section 307/34 of IPC was framed against the appellant Veer Singh. All the appel-lants abjured the guilt on which the trial was held. After recording the evidence, on appre-ciation of the same on account of non-exami-nation of Mukundi by holding the prosecution has failed to prove that Mukundi had sustained any injuries in the alleged incident and acquit-ted the appellants in that regard but held guilty to the appellant no.l for the offence of Section 307 of IPC while other appellants under Sec-tion 307/34 of IPC and sentenced to each of them, as mentioned above. Being dissatisfied with such conviction and sentence, the appel-lants have come forward to this court with this appeal.