RAM GOVIND Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal revision impugns the judgment dated 19-12-95 passed by the learned Sessions Judge, Sidhi in Criminal Appeal No. 9/93, whereby order of conviction of all the applicants under Sections 325/149 and 147, IPC has been affirmed, but while not interfering with a sentence of six months R. I. each under Section 147, IPC, the learned Appellate Court has reduced the sentence of one year R. I. under Sections 325/149, IPC to six months R. I. each. However, the fine amount of Rs. 100/- each, thereunder, has been maintained

(2.) AS per narration of facts on record, the incident took place on 5-2-86 at 9 o'clock over possession of a disputed land amongst three real brothers namely, accused Yagyasharan (since released on probation) and injured witnesses, Ramvishal (P. W. 1) and Ramsakha (P. W. 2 ). Brijesh (applicant No. 3) is son of accused Yagyasharan and other accused, namely Ram Govind (applicant No. 1), Sambhoo Prasad (applicant No. 2) and Awadhlal (since released on probation) are his brothers-in-law. On the date of occurrence, as per proseuction case, accused applicants were harvesting crops which was prevented by the complainant side. It infuriated the accused who grappled with and assaulted Ramvishal (P. W. 1) and Ramsakha (P. W. 2 ). Under the circumstances, on the FIR (Ex. P-1) of Ramvishal (P. W. 1), prosecution machinery was set at motion and after investigation, the accused-applicants were put on trial under Sections 147, 323, 324 and 325/149, IPC.

(3.) ON a proper appreciation of evidence on record, the Trial Court acquitted the accused of the charges under Sections 323 and 324 read with Section 149, IPC but convicted them under Sections 147 and 325 read with Section 149, IPC. Accordingly, under Sections 325/149, IPC, the applicants herein were sentenced to one year rigorous imprisonment with a fine of Rupees one hundred each and under Section 147, IPC, six months' rigorous imprisonment each. However other accused namely Yagyasharan and Awadhlal were given benefit of probation, therefore, not visited with said sentence. In the appeal before the learned Sessions Judge, Sidhi, conviction of the accused-applicants under Sections 325/149 and 147, IPC was maintained with modification of sentence as above. Hence this criminal revision.