BRIJESH Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred these appeals against the impugned judgment dated 10.8.1996 passed by the learned First Additional Sessions Judge, Raisen in S.T. Nos. 2/93 and 110/2000 by which appellant Brijesh has been convicted under Sections 148 and 324 of the IPC and sentenced to undergo RI for one year with fine of Rs.200/- and RI for two years with fine of Rs. 2,000/-respectively, with default stipulations and appellants Rajesh Baghel, Jivan Singh, Rakesh and Rajesh S/o Nandlal have been convicted under Sections 147 and 324/149 of the IPC and sentenced to undergo RI for six months with fine of Rs.100/- and RI for two years with fine of Rs.2,000/- respectively with default stipulations.

(2.) The aforesaid appeals arose out of the same judgment and order therefore they are being disposed of by this common judgment.

(3.) Prosecution case in short is that on 1.8.1992 at about 4.00 p.m., when complainant Preetam Singh (PW1) was standing in front of the house of his uncle Halke, accused Brijesh, Jivan Singh, Rajesh S/o Nandlal, Rakesh S/o Maharajsingh came over there, Brijesh caught hold of his hair and other appellants/co-accused caught hold of him, dragged him up to the house of Ramswaroop (PW6) with an intention to kill him. When Ramswaroop intervened, the appellants/accused told him not to interfere in their matter. Appellant/accused Brijesh assaulted Preetam Singh (PW1) with a knife (Churi) and other appellants/accused beaten him by kicks and fists. Complainant was brought to the hospital by Biharilal (PW7) and Gopal Singh (PW4), where he lodged a report Ex.P/1. He was treated by Dr. Naveen Bhatia (PW10), who found an incised and penetrating injury 1 ' x ' on the lower part of abdomen and omentum is protruding out of wound, therefore, he immediately referred Preetam Singh(PW1) to the Hamidiya Hospital, Bhopal for further treatment.