KHUBCHAND @ KUBBI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH the criminal appeals arose from a common judgment dated 31.8.2010 passed by IInd Additional Sessions Judge, Mandla in ST No.140/2007 and therefore, both the appeals are decided by a common judgment.

(2.) THE appellants have preferred these appeals against the judgment dated 31.8.2010 passed by the learned IInd Additional Sessions Judge, Mandla in ST No.140/2007 whereby the appellants were convicted for offence punishable under Section 323 read with Section 34 of I.P.C and sentenced for one years rigorous imprisonment with fine of Rs.1000.00 and in default of payment of fine three months rigorous imprisonment was directed.

(3.) THE appellants abjured their guilt. They did not take any specific plea in the case but they have stated that they were falsely implicated in the matter. It was the victim Devkumar who tried to assault Raju and in reaction Raju assaulted the victim Dev Kumar. A Rojnamcha Ex.D/5 is produced in defence.