SHASHANK SHEKAR MOURYA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS Judgment shall govern disposal of Criminal Appeal No. 153 of 1979 (Ganpatrao v. State of Madhya Pradesh) and Criminal Appeal No. 160 of 1979 (Kamal Kishore v. State of Madhya Pradesh) as well

(2.) THIS is an appeal against the order of conviction recorded by the First Additional Sessions Judge, Gwalior, convicting appellant No. 1 Shashank Shekar Mourya under section 148 and 307 of India Penal Code and sentencing him to one year's rigorous imprisonment and five years' rigorous imprisonment respectively and convicting appellants No. 2 and 3, Vijaya Kumar Khare and Anwar Ahmad respectively, under section 148 and 307 IPC read with section 149 IPC and sentencing them to one year's rigorous imprisonment and five years' rigorous imprisonment respectively in Sessions Trial No. 150 of 1978, through Judgment dated 31 -5 -1979. Both the sentences in case of each appellant are ordered to run concurrently.

(3.) THE prosecution case, in short, is that the complainant Prahlad Chand Kohli runs a shop at Chitnis -ki -Goth. On 3 -7 -1978, at about 9 00 a.m., when the complainant Prahlad Chand was standing near the shop of Chetan Tailor, all the accused persons came there and surrounded him. Co -accused Kamal Kishore gave a lathi blow and appellant Shashank Shekar gave a blow by sword, hitting the complainant on his left hand. Another blow by sword hit the complainant on his right hand and head. It is further alleged that appellant Vijaya Khare was armed with a knife and appellant Anwar Ahmad was armed with a country -made pistol (Tamancha). He used the Tamancha for threatening those who were trying to intervene when the two other appellants were giving blows to the complainant. The complainant entered into the shop of one Chetan Tailor and then all the accused ran away. The complainant Prahlad Chand lodged the first information report (Ex. P/1) at Huzrat Kotwali, Gwalior.