SHYAM BABU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Shyam Babu (A-1) is convicted under Sections 333, 325/34 of the Indian Penal Code (Code for short) and other appellants are convicted under Sections 333/34 and 325/34 of the Code. They have been sentenced to undergo R.I. for two years and to pay a fine of Rs. 200/- and to undergo R.I. for one year and to pay a fine of Rs. 100.00 and in default to undergo R.I. for one month on each count.

(2.) As per prosecution Brij-mohan (P.W. 2) is posted as E.D.N.C. in post office Ramnagar. He carries the post bag from post office to load the same to Bus and distributes the letters and other postal articles. On dispute of land, some civil litigation was pending between him and the appellants in which he was successful in the court of civil Judge but on appeal, appellants were successful. Anyhow, on 16-11-1990, at about 7 A.M. when Brijmohan (P.W. 2) was going by bicycle with a post bag to Bhaura Chauraha, he was sorrounded by all the appellants, was abused and belabored. Shyam Babu (A-i) was armed with Farsi, while other appellants were armed with Lathis. On shouts of Brijmohan (P.W. 2) his father, Kaluram rushed to the spot but he too was beaten badly. Post bag and some letters were torn. Gangaram (P.W. 3), Rambharosa (P.W. 4) and Dayaram rushed to the spot and pacified. Brijmohan (P.W. 2) reported the matter to Police Station Fatehgarh situate at a distance of i2 kms. from the spot at 5.30 P.M. vide Ex. P/3. Brijmohan (P.W. 2) was medically examined by Dr. H.H.N. Garg (P.W. i) who noted in all 10 injuries on different parts of body. There were two lacerated wounds and rest contusions. His father Kaluram had seven contusions on the body. On X-ray photographs being taken, R.K. Jam (P.W. 7), radiologist found fractures of left ulna and right fibula on Brijmohan (P.W. 2) and fractures of left radius and index finger of Kaluram. X-ray plates relating to Kaluram are there on record though Xray plates pertaining to Brijmohan (P.W. 2) are not there on record, yet, X-ray reports are there. The post bag with cash bag, torn papers of account and envelopes were seized from Brijmohan (P.W. 2) by Police of Fatehgarh vide Ex. P/4. Certificate about employment of Brijmohan (P.W. 2) in post office Ramnagar was taken from R.P. Shrivastava (P.W. 5), Inspector Post Office. Thus, after due investigation chargesheet under Sections 353, 341, 294, i86, 426, 333 was filed against the appellants.

(3.) Appellants pleaded not guilty. They claim that they have been falsely implicated.