SUBHASH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellants being aggrieved by the judgment dated 25/1/2000 passed by the Sessions Judge, Betul in ST No.45/1996, whereby the appellants were convicted for commission of offence punishable under Section 323/149 of IPC and sentenced for six months' RI with fine of Rs.500/- each and in default of payment of fine amount, two months' SI was directed. Also the appellants No.2, 3, 5 and 11 are convicted for commission of offence punishable under Section 148 of IPC and sentenced for six months' RI with fine of Rs.800/- each and in default of payment of fine amount, three months' SI was directed, whereas the appellants No.4 & 7-10 were convicted for commission of offence punishable under Section 147 of IPC and sentenced for six months' RI with fine of Rs.500/- each and in default of payment of fine amount, two months' SI was directed. All the sentences were directed to run concurrently.

(2.) THE prosecution's case, in short, is that on 28.5.1995 at about 10:30 AM in the morning the complainant Ramkishan who was resident of Village Chudiya (Police Station Chicholi District Betul) went to Panchayat house and got the identity card prepared for his daughter Basanti Bai. Thereafter the appellant Subhash Patel came to the spot and directed the complainant Ramkishan not to get the identity card prepared for his daughter Basanti Bai, because she was under age. He tried to snatch the application form. The complainant went outside of the Panchayat house due to annoyance. Thereafter the appellants went behind him along with farsa, ballam, gupti, pistol and sticks. They assaulted the complainant Ramkishan. The witnesses Imrat, Talak and Babu tried to save the complainant, but they also sustained injuries caused by the appellants. Ultimately, the injured persons were taken to the Police Station Chicholi where the complainant had lodged an FIR Ex.P-1. The injured persons were sent for their medico legal examination. They sustained simple injuries. After due investigation, a charge sheet was filed before the JMFC Betul, who committed the case to the Sessions Court, Betul.

(3.) THE learned Sessions Judge, Betul after considering the evidence adduced by the parties convicted and sentenced the appellants as mentioned above.