SAMPAT AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been preferred against judgment dated 4.1.2011, passed by Sessions Judge Chhindwara in Criminal Appeal No.257/2010, convicting the petitioner Shyamlal under Sections 324 and 323/34 of I.P.C. and sentenced to 6 months and one month R.I. and with fine of Rs.400/- and 100/- respectively, by confirming the judgment dated 3.8.2010 passed by J.M.F.C. Sausar, District-Chhindwara in Case No.1161/2007.

(2.) Facts, in short, are that on 17.10.2000 at about 8.30 p.m. in village Ulhawari while Ghanshyam (PW-1) was sitting on his grain shop and his sister Subhadra (PW-2) was helping him on the shop, petitioners, all of a sudden, came together, started quarrelling stating that why they have made a false allegation of theft against them and hurled stones. Petitioner Shyamlal assaulted Ghanshyam (PW-1) with Gupti. Ghanshyam (PW-1) sustained an incised wound on his chest. In this incident Subhadra (PW-2) and Ookha Bai (PW-3) also sustained injuries. F.I.R. was lodged by PW-1 at Police Station Bichua District Chhindwara. A case at Crime No.83/2000 under Section 324/34 of IPC was registered against Shyamlal and two others. Ghanshyam (PW-12) and Subhadra (PW-2) were sent for medical examination.

(3.) Completing investigation, Police Bichua, District Chhindwara submitted a charge sheet against the petitioners under Sections 324 and 427 of IPC. Trial Court framed charge under Section 323 of IPC for causing injuries to Subhadra Bai (PW-2) and Ookha Bai (PW-3) and under Section 324 of IPC for causing injury to Ghanshyam (PW-1) with the help of Section 34 I.P.C.. Petitioners abjured guilt.