KHOOB SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 18-12-2002 passed by Special Judge, Vidisha in S.T. No.122/2002, thereby the appellant no.1, Khoob Singh has been convicted for the following offences :

(2.) It is not out of place to mention here that Accused No. 2 Devendra, who was convicted under Section 302 of I.P.C. read with Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has expired during the pendency of this appeal, and accordingly, by order dated 6-12-2019, his appeal has been dismissed as abated.

(3.) According to the prosecution story, on 5-4-2002 at 8:00 A.M., the deceased Ramcharan, lodged a report against the appellant no. 1 and the co-accused Devendra, on the allegations that he was drinking liquor in Kalari. The appellant and co-accused demanded a glass from him. Accordingly, he gave a glass after washing it. The coaccused Devendra thereafter assaulted in his abdominal region by a hammer whereas the appellant no.1, after throwing him on the ground, assaulted him by fists and blows. He has suffered injuries in his stomach and on the thumb of his right leg. His younger brother Laxman was also there, who has saved him.