HALKE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 18.7.2000 passed by the 1 st Additional Sessions Judge, Chhatarpur in S.T. No.201/96, whereby the appellants were convicted for the offences punishable under Sections 325/34 of IPC and sentenced for three years' R.I. with fine of Rs.1,000/-. In default of payment of fine, each of them to undergo for six months' S.I. in addition.

(2.) THE prosecution's case, in short is that, on 29.4.1996 at about 8-9:00 p.m. in the night, the complainant Pajan Singh (PW-1) was coming back from the house of his uncle at village Budhoura (Police Station Laundi, District Chhatarpur) alongwith his brother Kallu (PW-4) and wife Mst. Raju (PW-7) then, the accused persons surrounded him. THEy were armed with weapons like sticks, Farsa and Barchhi etc. After looking at the culprits, the complainant Pajan Singh ran towards the forest and however, the accused persons chased him. THE accused persons including the appellants assaulted the complainant Pajan Singh by Farsa, Ballum, Barchhi and sticks causing him so many injuries on his body. THEreafter, they left him in the field. Bhullo Singh and Bhurelal were the persons, who saw the incident. After sometime, Kallu Singh and his father went to the spot and took the victim Pajan Singh to the Police Station, Laundi by a tractor, where he had lodged an FIR Ex.P/1. He was directed for his medico legal examination and treatment to Primary Health Centre, Laundi. Dr. S.S. Chourasiya (PW-6) examined the victim Pajan Singh and gave his report Ex.P/5. He found nine injuries to the victim. Out of them, four injuries were the lacerated wounds caused on the head, below the left knee, below the right knee and near the right middle finger of the victim, whereas he sustained some contusions on his head, hands and back also. He was referred for his x-ray examination. Dr. Rajesh Khare (PW-2) performed his radiologically examination and gave a report Ex.P/2. He found that 4 th & 5th metacarpal bones of left hand were broken of the victim. His 7 th rib of left side was also broken, whereas left tibia was also found fractured. After due investigation, a charge sheet was filed before the J.M.F.C. Laundi, who committed the case to the Sessions Court and ultimately, it was transferred to the 1 st Additional Sessions Judge, Chhatarpur.

(3.) ON the other hand, learned Panel Lawyer has submitted that the conviction as well as the sentence directed by the trial Court appears to be correct. There is no basis by which any interference can be done in the conclusion drawn by the trial Court.