GAYA PRASAD LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 29.1.1997 passed by the learned Additional Sessions Judge, Gadarwara in S.T.No.134/1992, whereby the appellants were convicted for the offence punishable under sections 326 read with section 34, and 323 or 323 read with section 34 of IPC and each sentenced for 3 years' rigorous imprisonment with fine of Rs.500/ - and 6 months' rigorous imprisonment with fine of Rs.200/ - respectively. In default of payment of fine, one year's and 3 months' rigorous imprisonment was directed respectively.

(2.) PROSECUTION's story, in short, is that, on 26.10.1991, at about 8 a.m. in the morning, the complainant Munni Bai (P.W.2) was standing near a public tap, at village Maregaon (Police Station Gadarwara, District Narsinghpur), the appellant Gaya Prasad held her hand with a bad intention. The appellant Nand Kishore assaulted her by a stick, causing injuries on her left foot. On her shouting, her husband Ramlal (P.W.3) came to the spot to save her. Thereafter, the appellants assaulted the victim Ramlal by axe, Ballam and sticks. He sustained so many injuries on his body and thereafter, he became unconscious at the spot. He was taken to the outpost Salichowka, where the complainant lodged an FIR, Ex.P/3. She had mentioned that the incident was seen by Raddu Baba and her son Niwar. The injured persons were directed to the Primary Health Center, Salichowka for their medico legal examination and treatment. Dr. O.P.Gupta (P.W.5) examined the victims Ramlal and Munni Bai and gave his reports, Ex.P/17 and Ex.P/18 respectively. He found 13 injuries to the victim Ramlal. Out of them, 3 injuries were caused by sharp cutting weapons. The victim Ramlal sustained a stab wound on his right hand. An incised wound on his left leg near the thumb and one on his right leg in upper part. He found 3 lacerated wounds on the victim Ramlal. Out of them, one was on forehead, one was on left side of the head and third one was on the left knee, whereas other contused wounds and abrasions were found on the various parts of the body. He referred the victim Ramlal for x -ray examination. Prima facie, he found that there was a fracture on the left side of the head and right tibia bone of the victim. Similarly, he found two contused wounds on the victim Munni Bai on her left leg. Dr. Vishnu Prasad Vichpuriya (P.W.11) treated the victim Ramlal in the hospital, where he was admitted. Dr.S.K.Maheshwari (P.W.1) who did the radiological examination of the victim Ramlal, gave his report, Ex.P/2, in which it was mentioned that a compound fracture of right tibia bone was found on the victim. After due investigation, a charge -sheet was filed before the JMFC, Gadarwara, who committed the case to the Sessions Court, Narsinghpur and ultimately, it was transferred to Additional Sessions Judge, Gadarwara.

(3.) THE learned Additional Sessions Judge, after considering the evidence adduced by the parties, acquitted the remaining accused persons. THE appellants are also acquitted from the charges of offence punishable under sections 148, 307 or 307 read with section 149 of IPC and section 323 read with section 149 of IPC but, convicted them for the offence punishable under section 326 read with section 34 of IPC for the offence against victim Ramlal and also convicted the appellant Nand Kishore for the offence punishable under section 323 of IPC for the offence against victim Munni Bai, whereas remaining appellants were convicted for the offence punishable under section 323 read with section 34 of IPC for the offence against victim Munni Bai. THEy were sentenced as mentioned above.