SHIVCHARAN AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment dated 21.1.1997 passed by the 8 th Additional Sessions Judge, Jabalpur in S.T. No.742/1994, whereby the appellants were convicted and sentenced for the offences as under:-

(2.) Prosecution's case in short is that on 26.7.1991 at about 6:00 p.m. in the evening, the complainant Sukhchain (PW-7) went to take his cattles from the forest of village Fudagouhari near Hiran River, then he found that the appellants were assaulting the victim Bholeshankar Dubey. The appellant Krishna @ Kishan had a Farsa, the appellant Mahesh had a Ballum, whereas the appellants Shivcharan, Pancha @ Pancham & Beni had sticks. All of them were assaulting the victim Bholeshankar. On shouting of the complainant Sukhchain, one Gopal and others came to the spot and thereafter, the appellants ran away from the spot. The complainant Sukhchain took the victim Bholeshankar to the Police Station, Katangi and lodged an FIR Ex.P/18. The victim Bholeshankar was sent to the hospital for his medico legal examination and treatment. Dr. Saxena (PW-9) had examined the victim Bholeshankar and gave a report Ex.P/16. He found that the victim sustained four injuries, 1 st on right side of back, 2 nd on right side of his head, 3 rd on right side of chest and 4 th on right lower side of his back. All the injuries were caused by the hard and blunt objects. The victim Bholeshankar was referred for his radiological examination. After due investigation, a charge sheet was filed before the J.M.F.C. Jabalpur, who committed the case to the Sessions Court, Jabalpur and ultimately, it was transferred to 8 th Additional Sessions Judge, Jabalpur.

(3.) The appellants abjured their guilt. They did not take any specific plea in the matter, but it was submitted that they were falsely implicated in the matter due to enmity relating to the land. However, no defence evidence was adduced from the side of the appellants.