RAMESHCHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dt. 6.3.1997 passed in S.T. No. 133/1995 by learned Ivth Additional Sessions Judge Dewas, whereby appellant Sunil and Gulab have been convicted for the offence punishable under Section 307 and 323/34 of IPC and appellant Ramesh and Prakash have been convicted for the offence punishable under Section 307/34 of IPC and Section 323/34 of IPC and sentenced to undergo RI for 10 years for the offence punishable under Section 307/34 of IPC and fine of Rs. 2,500/- each has been imposed upon appellant Gulab and Sunil and fine of Rs. 2,000/- has been imposed upon appellant Prakash and Ramesh. Appellants have been sentenced to undergo RI for 6 months and fine Rs. 2,500/- each for the offence punishable under Section 323/34 of IPC with default stipulation. Appellant Rameshchandra has died during pendency of this appeal.

(2.) THE brief facts of the case are that, on 27.12.1994 at about 1 pm complainant Shantilal attended the meeting of Muncipal Election, while he was going back with Rajesh on Motorcycle, it is alleged that appellants came armed with Sword, Falia and Sticks. Appellant Gulab inflicted Sword blow on the neck of Rajesh and Sunil inflicted blow of Falia on the head of Rajesh. When Shantilal tried to catch Sunil, Prakash inflicted Stick blow on his hand. On report of complainant, case has been registered and challan has been filed against the appellants and learned Trial Court after trial of the appellants for the offence punishable under Section 148,307,323 and 149 of IPC convicted them as mentioned in para 1 of the impugned judgment and acquitted them for the charges punishable under Section 148 and co-accused Govind has been acquitted in absence of any evidence against him.

(3.) LEARNED Counsel for the appellant has drawn attention towards the statement of complainant Shantilal PW-1 in which he has stated that Sunil Gawli has inflicted Falia blow on the head of Rajesh and thereafter appellant Gulab inflicted Sword blow on the neck of Rajesh.