KASTOORCHAND Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition under section 397/401 of the Code of Criminal Procedure, 1973 preferred by accused-petitioner is directed against a judgment dated 9th August 2010 rendered in Criminal Appeal No.41/ 2009 by the Additional Sessions Judge Chachoda, District Guna, setting aside thereby the judgment of conviction and sentence dated 5th January, 2009 recorded in Criminal Case No.223/2007 by the Judicial Magistrate First Class, Chadhoda, District Guna, convicting the petitioner-accused for commission of offence under sections 147, 325/149 (on two counts) and 323/149 (four counts) and sentencing him to suffer six months' RI with fine of Rs.100/-, three years' RI with fine of Rs.100/- and again six months' RI with fine of Rs. 100/- and in default to suffer additional rigorous imprisonments of one month, two months and one month, respectively. But the said impugned judgment while setting aside the conviction and sentence as mentioned herein-before, the case was remitted back to the trial Court to frame a further charge on account of causing injuries by the accused-petitioner to victims, namely, Smt. Savitri Bai and Prem Narayan and decide the case afresh, in accordance with law.

(2.) BRIEFLY stated facts of the case are that on 28th February, 2007 at about 10:00 a.m. in village Lambachak, when Narayan Singh s/o Ghanshyam Singh went to the field for grazing his cattle, accused Raju came there and man handled him. Narayan Singh went back to his house and complained of accused Brijmohan to his relations. It is alleged that thereafter the complainant party intervened and pacified the matter. Subsequently, all the accused having armed with weapons reached there and caused injuries to Narayan Singh with Luhangi, Farsa and pelting stones. On raising cry by him, when Prem Narayan, Savitri, Babulal, Daulat Singh rushed to the spot to his rescue, they were also caused injuries by the all accused. Consequently, on the report of the complainant Ghanshyam, an FIR was lodged. The injured were sent for medical examination. On x-ray of injures Prem Narayan, his ribs were found fractured. So also, during x-ray examination of injured Daulatram, fracture of his tibia and fibula bones was noticed. On investigation, the charge- sheet was filed. After trial, the trial Court convicted the accused and sentenced them including the petitioner as mentioned above. On appeal, the appellate Court concluded that the charge with regard to the injury on the body of injured Smt. Dhapu Bai was wrongly framed and the accused were wrongly convicted on that count. It is further held that the trial Court did not frame the charges for injuries caused to Prem Narayan and Savitri Bai. Succinctly, by setting aside the judgment of trial Court, the case was remanded back for framing the charges afresh in relation to the injuries sustained by Smt. Savitri Bai and Prem Narayan.

(3.) HEARD the learned counsel for the parties and also perused the record of the trial Court and the law applicable to the case.