GENDALAL Vs. STATE OF M P

JUDGEMENT

(1.) The appellant No.1 has been convicted for offences under Section 324 and 325/34 of the Indian Penal Code whereas the appellants No.2 to 4 have been convicted for offence under Section 325/34 of the Indian Penal Code. The appellant No.1 has been sentenced to undergo rigorous imprisonment for one year and fine of Rs.1,000/- and in default of payment of fine to undergo rigorous imprisonment for a period of two months for offences under section 324 of the Indian Penal Code. The appellants have been sentenced to undergo rigorous imprisonment for two and half years and fine of Rs.1000/- each, in default of payment of amount of fine, the aforesaid appellants to undergo two months rigorous imprisonment.

(2.) According to the prosecution case, on 8.4.1994 at 7.30 p.m., the appellants assaulted the complainant Raju (PW-7) with rod and lathis, as a result he sustained grievousinjuries. The police after investigation filed the charge-sheet against the appellants for offences under Sections 341, 294, 506, 323, 324 and 307 of the Indian Penal Code. The trial Court on the basis of the evidence adduced by the prosecution, convicted the appellants for the offences as stated supra.

(3.) The trial Court on the basis of statement of the complainant Raju (PW-7) and Dr. S.K. Jain (PW-8) held that the complainant sustained injuries in the aforesaid incident. Accordingly, the appellant No.1 was found guilty of offence under Section 324 and 325/34 of the Indian Penal Code and the remaining accused were found guilty for commission of offence under Section 325/34 of the Indian Penal Code.