MUKESH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Mukesh has been convicted under Section 326, IPC and sentenced to rigorous imprisonment for five years and to a fine of Rs. 500/ -.

(2.) IT is not in dispute that an incident of violence did take place on 12-4-1992 at 12 noon near the house of accused Mukesh in Village Shahpur. There were injuries on both the sides which gave rise to two counter cases. In the present case accused Mukesh was prosecuted for the offence punishable under Section 326, IPC. In the counter case the complainant party was prosecuted for the offence under Section 307, IPC.

(3.) THE prosecution case is that accused Mukesh and his father Ramdayal caused injuries to Parwat Singh (P. W. 4) and Gendalal (P. W. 5 ). The injury sustained by Parwat Singh (P. W. 4) on his right hand was as a result of an axe blow and it led to the fracture of second metacarpal bone.