BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 8.10.1996 in S.T. No.184/2006 passed by the learned 2nd Additional Sessions Judge Chhindwara, whereby the appellants were convicted for the offence punishable under Section 323 of IPC and sentenced for one year R.I. with fine of Rs.500/-. In default of payment of fine, each of them has to undergo for one month R.I.

(2.) PROSECUTION's case in short is that on 25.1.1995 at about 11:50 p.m. in the night, the victim Harisingh (PW-4) was coming back from the house of Rampyari Bai in village Dungariya. When he reached to the field, near the house of Rampyari, the appellants came with sticks and shouted that why he was there. Thereafter, they assaulted the victim by the sticks. Lallu Pandole ran away from 2 Criminal Appeal No.1908/1996 the spot. Due to that assault, the victim sustained injuries on his head and right hand. On his shouting, Charangouli and Sunder (PW-1) came to the spot to save the victim. The witnesses took the complainant to house of one Ghasiram and thereafter, when Sub- inspector Damle posted at outpost Dungariya came to the house of Ghasiram then an FIR (Dehati nalishi) was lodged. The victim was sent to the hospital for his medico legal examination. Some injuries were found on her person by Dr. Rajiv Jain (PW-9). He prepared his report Ex.P/10. After due investigation, a charge sheet was filed before the J.M.F.C. Chhindwara, who committed the case to the Sessions Court, Chhindwara and ultimately, it was transferred to the 2nd Additional Sessions Judge, Chhindwara.

(3.) SINCE learned counsel for the appellants was not appearing in the Court since last two weeks, therefore, Shri G.S. Thakur, Advocate from the panel of Legal Aid was appointed to aruge the matter on behalf of the appellants.