VISHESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is filed by the appellants being aggrieved by the judgment dated 28/2/1997 passed by the First Additional Sessions Judge, Chhindwara in ST No.212/1995, whereby the appellants were convicted and sentenced as under: -

(2.) THE prosecution's case, in short, is that on 10.6.1995 the complainant Vachchhala Bai (PW -1) was present in the Village Aajangaon to attend the marriage ceremony of her younger sister. At about 7:00 PM in the evening the complainant Vachchhala Bai (PW -1), her husband Ram Prasad (PW -2) and her son Ashok Kumar (PW -3) went to the house of Ramdas (PW -10) to take some tea etc. THE appellants came with sticks and axes in their hands and started assaulting the victims. THE appellant Visheshwar assaulted the complainant Vachchhala Bai with a stick on her head and thereafter the appellants assaulted Vachchhala Bai, Ram Prasad, Ashok Kumar, Tulsa Bai (PW -6), Motiram (PW -4) and so many persons. Vachchhala Bai had lodged an FIR Ex.P -1 at Police Station Pandhurna soon after the incident. THE various injured persons were sent to the hospital for their medico legal examination and treatment. Dr. Yogesh Gadekar (PW -11) examined the victims Vachchhala Bai, Ram Prasad, Ashok Kumar, Devrao, Motiram, Shriram and Tulsa Bai and gave his reports Ex.P -26A, Ex.P -27A, Ex.P -28A, Ex.P -24A, Ex.P -25A, Ex.P -34A and Ex.P -35A respectively. He found simple injuries to these persons, but he referred the victim Tulsa Bai for Radiological examination. Dr. D.Moitra (PW -12) examined the victim Tulsa Bai Radiologically and gave his report Ex.P -37. He found a fracture of 5th meta carpal in the left hand of Tulsa Bai. After due investigation, a charge sheet was filed before the ACJM Sausar, who committed the case to the Sessions Court, Chhindwara and ultimately it was transferred to the First Additional Sessions Judge, Chhindwara.

(3.) THE learned First Additional Sessions Judge, Chhindwara after considering the evidence adduced by the parties convicted the appellants for commission of offence punishable under Sections 147, 148, 325/149 and 323 of IPC and sentenced the appellants as mentioned above.