RAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed by the appellants under Section 374(2) of the Cr.P.C. being aggrieved by the judgment dated 9.10.96 passed by the IInd Addl. Sessions Judge, Katni in S.T.No.45/91 convicting the appellant No.1 under section 326 and 325/34 of the IPC while appellants No.2 and 3 under section 326/34 and 325/34 of IPC for RI 5 years with fine of Rs.250 in the earlier sections and RI 2 years with fine of Rs.250/- in the later. In default of depositing the fine amount further RI one month has been awarded on each of the count.

(2.) The facts giving rise to this appeal in short are that on dated 16.10.90 at about 11.20 AM, complainant Vishambhar Singh lodged the FIR Crime No.215/90 at P.S Barhi contending that today in the morning at about 10 O' Clock he accompanied with his son Tejbhan and his harwaha, Dhanu Kol and Satiya Kol went to plow his field. At about 10 O' Clock, when he was sitting in the field while the aforesaid other three persons were plowing the field, appellant No.1 Ram Singh lashed with Farsa, a sharp edged weapon, and appellants No.2 and 3 Ranjeet Singh and Jagdish Singh lashed with sticks, came and stood in front of the plower and asked to stop plowing. In continuation, they also pulled the plower of Sataiya. Thereafter appellant No.1 Ram Singh gave one blow of Farsa on the occipital region while two other blows on waist and hand of Tejbhan Singh resultantly he sustained injuries and fell down and also became unconscious. Thereafter Ram Singh gave a blow of Farsa on the head of victim Vishambhar Singh resultantly he sustained injury and fell down. Appellants No.2 and 3 Ranjeet Singh and Jagdish Singh also gave the beating to Vishambhar Singh and Tejbhan Singh by means of sticks with a threatening to kill and bury them in such field. On hearing the noise of shouting of Vishambhar Singh, the villagers, namely, Dhanu Kol, Sataiya Kol, Gopal Singh and Sewak Kol came to rescue them, on which, the appellants fled away from the place of incident. Thereafter, both the victims were brought to Police Station by the aforesaid villagers where after lodging the report of Vishambhar Singh (Ex.P/26), they were sent to the hospital Barahi where after medical examination their MLC reports were prepared. For some of the injuries sustained by the victim, they were referred for x-ray. On carrying out the x-ray (Ex.P/34), the fracture of Tibia bone of the left leg was revealed. On completion of the investigation, the appellants were charge sheeted for the offence of section 307 and 341/34 of the IPC. After committing the case to the Sessions Court, on evaluation of the charge sheet, the charge of section 307 and 307/34 of IPC respectively was framed against appellants No.1,2 and

(3.) They abjured the guilt, on which, the trial was held. On appreciation of the evidence, all the appellants, instead the aforesaid section, were held guilty for the offence under section 326 and 326/34 of the IPC with respect of injury sustained by Vishambhar Singh while under section 325/34 of IPC with respect of the injury sustained by Tejbhan Singh and each of them were punished with the above mentioned punishment against which, they have come forward to this court with this appeal.