UDAIBHAN AND ORS Vs. STATE OF M P

JUDGEMENT

(1.) Criminal Appeal No.92/2002 and Criminal Appeal No.106/2000 are disposed of by this judgment which are filed against the same judgment dated 24.12.2001 passed in S.T.No.16/2001 by learned Third Additional Sessions Judge, Shivpuri, M.P.

(2.) Appellants of both the appeals viz. Udaibhan, Hakim Singh and Rajaram have filed these appeals against judgment dated 24.12.2001 passed in S.T.No.16/2001 by learned Third Additional Sessions Judge, Shivpuri, M.P. whereby appellant Rajaram has been convicted for the offence punishable under Section 307 of IPC and appellant Hakim Singh and Udaibhan have been convicted for the offence punishable under Section 307 read with Section 34 of IPC and sentenced to undergo R.I. for ten years each and fine of Rs.2000/- each. Appellant Udaibhan has been convicted for the offence punishable under Section 323 of IPC and has been sentenced to undergo R.I. for six months and fine Rs.500/-.

(3.) The brief facts of the case in hand for these appeals are that on 02.10.2000 at 1 P.M. when complainant Kruparam returned back to his village Bheempur after selling milk from Narwar, his wife Ramshree told him that Chowkidar Sundara informed her to go to Panchayat building. When complainant reached the Panchayat building, appellant-accused Hakim Singh having iron rod and Udaibhan having lathi and Rajaram having farsa were sitting there. Accused started abusing Kruparam saying that he and his brother are habitual of lodging reports and, thereafter, they have beaten him, due to which he sustained injury of farsa in his head and iron rod near left eye and lathi on right knee and lip. When Prabhu came to rescue the complainant, Udaibhan has beaten him by lathi. On report of the complainant, S.H.O. Police Station Narwar, district Shivpuri, registered Crime No.205/2000 and filed challan before the concerned Magistrate. After committal, learned Trial Court framed charges for the offence under Section 307 and in alternate 307 read with Section 34 and 294 of IPC against all the accused and further framed charge for the offence punishable under Section 323 of IPC against Udaibhan and after trial convicted and sentenced them for the offences as mentioned in paragraph 2 of the judgment.