BHIYAN AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal u/s. 374 of Cr.P.C. being aggrieved by the judgment dated 25.6.2009 passed by Third Additional Sessions Judge, Tikamgarh in S.T. No.4/2005 whereby convicted appellant No.1 u/s. 323 of IPC and sentenced to to undergo R.I. for 3 months and appellant No.2 u/s. 325 of IPC and sentenced to undergo R.I. for 3 years and fine of Rs.500/-, in default of fine R.I. for 6 months.

(2.) As per prosecution case on 30.12.2003 at about 11 p.m. when appellant were cultivating the land of Sanjeev, he objected therefore appellant No.2 Fose armed with lathi and his father armed with axe alongwith acquitted accused Bhaiyan assaulted by kicks and fists as well as Fose assaulted with sword.

(3.) Learned counsel for the appellants submitted that appellant No.2 Fose has remained in custody from 25.6.2009 to 15.7.2009 i.e. 20 days.