BHOLAPRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 18.2.2000, passed by the Additional Sessions Judge, Mauganj, District Rewa in ST. No.93/1998 whereby the appellants were convicted for offences punishable under Sections 307 read with Section 149 and 148 of I.P.C and sentenced for 7 years rigorous imprisonment with fine of Rs.500/- and six months rigorous imprisonment respectively. In default of payment of fine, four months rigorous imprisonment was directed in addition.

(2.) THE prosecution's story in short is that on 1/6/1997 the victim Neelkanth (PW2) was busy in collecting the bamboos so that the roof of his house could be prepared at Village Vadhwakothar, Police Station Naigadhi, District Rewa. He was accompanied by Ramkumar (PW3). After doing some work in the evening he went to answer the call of nature. Thereafter, at about 6.00 p.m in the evening, he went to the courtyard of the witness Ramkumar (PW3) where the appellants were ready with axes, tangis and sticks and they assaulted the victim Neelkanth by such weapons. On shouting of the victim Neelkanth, Sulochana (PW1) came to the spot. She lied down upon the victim. Thereafter, Ramkumar (PW3), Laxman Prasad (P.W.5) and other villagers intervened in the incident and therefore, Neelkanth could be saved. Neelkanth was taken to the Police Station, Naigadhi where he lodged an FIR Ex.P/4. He was directed for his medico legal examination. Dr. H.C. Mishra (PW10) had examined the victim Neelkanth and gave his report Ex.P/7. He found as many as six injuries to the victim Neelkanth. Out of those there was an incised wound on the region of right parietal bone where some arteries were damaged. He sustained blunt injuries over the left calf, centre of the back, left shoulder, right jaw and on a canine tooth. The patient was admitted. In the opinion of Dr. Mishra, injury caused on his head was grave. After due investigation a charge sheet was filed by the Police of Police Station Naigadhi before JMFC, Mauganj who committed the case to Sessions Judge, Rewa and ultimately it was transferred to the Additional Sessions JUDGE, MAUGAN J.

(3.) DURING the pendency of this appeal the victim Neelkanth has submitted an application. On 14.5.2012 he appeared before the Court and after his due identification he has submitted that he is willing to do the compromise with a free consent and his application was kept pending because the offence under Section 307 as well as Section 148 of I.P.C were not compoundable.