BHUWAN & ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal under Section 374 of Criminal Procedure Code has been preferred by the appellants No.1 Bhuwan and No.2 Ganpat against the judgment dated 10/08/1996, passed by the Additional Sessions Judge, Dhar, District-Dhar, in S.T. No.226/1995 whereby the learned trial Court convicted and sentenced the appellant No.1 Bhuwan under Section 307 of IPC for 10 years RI with fine of Rs.5,000/- and in default of payment of fine 6 months additional RI. and acquitted him under Section 326 read with Section 34 and section 323 read with Section 34 of IPC. In respect of appellant No.2 Ganpat, the trial Court convicted him under Sections 326 of IPC and sentenced him for 7 years RI with a fine of Rs.5,000/- and in default of payment of fine 6 months additional RI and under Section 323 IPC sentenced to 1 month RI and fine of Rs.500/- and in default of payment of fine, 7 days additional RI. Both the sentences were running concurrently.

(2.) The occurrence giving rise to this appeal is alleged to have taken place on 10/05/1995 at 10.30 PM. The case of the prosecution is that appellants were armed with farsi and assaulted Balaram(PW1), Nanuram(PW2) and Sonibai(PW3), wife of Nanuram and caused grievous injuries to them. The house of the appellants-accused persons are in front of the house of injured. They are residing at village Dhamana of Police Station Badnavar.

(3.) Assistant Sub-Inspector B.K. Raghuvanshi(PW7) reached at the place of occurrence. He inspected the spot and also prepared spot map vide Ex-P/8. He seized blood mixed earth and plain earth and prepared the panchanama vide Ex-P/9. He also seized clothes of injured Balaram and Nanuram. The injured were sent for medical examination at Govt. Hospital Badnavar. They were examined by Dr. Pushpendra Sharma (PW8) on 11/05/95. The MLC report of Nanuram is Ex.P-11. He sustained the following injuries:-.