BRAJBHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 09.05.2012 This appeal has been preferred against judgment dated 27.04.2009 passed by Special Judge (Atrocities) Panna in Special Case No.32/2008, convicting the appellants under Section 341, 294 and 323 of IPC and sentenced to fine of Rs.500/ , 2000/ and R.I. for 6 months and with fine of Rs.1000/ respectively.

(2.) FACTS of the case, in short, are that on 26.02.2008 while Premi Adiwasi PW 6 was going in a jeep along with other family members, her daughter Mithlesh PW 5 for delivery to Saleha Hospital. The jeep was accosted by the appellants. Appellants forcibly taken PW 6 out of the vehicle and assaulted him. During this incident, appellants hurled abuses publicly and caused as many as 19 injuries on the person of Premi Adiwasi PW 6. Premi PW 6 lodged FIR at police station Saleha. A case at Crime No.12/2008 under Section 341, 294, 323, 324, 342, 506 B, 34 of IPC and under Section 3 (1) (10) of SC/ST Act was registered against the appellants. Premi PW 6 was sent for his medical examination at P.H.C. Saleha. Police prepared a spot map. After completing investigation, police submitted a charge sheet. Trial court framed charges under Section 341, 294, 323, 324, 342, 506 B, 34 of IPC and under Section 3 (1)(10) of SC/ST Act. Appellants abjured guilt.

(3.) IN view of the evidence of Mithlesh PW 5 and her father injured Premi PW 6, it is clear that appellants stopped the jeep forcibly in which they were going. Appellants hurled abuses and assaulted Premi PW 6. According to evidence of Dr. S.P. Garg, there had been 19 injuries on the person of Premi PW 6 though all were simple in nature, he prepared MLC report Ex. P 5. IN cross examination of Mithlesh PW 5 and Premi PW 6 nothing has come on record which can render their evidence untrustworthy. Trial court has appreciated the evidence in right perspective I see no error in appreciation of evidence in so far as the conviction of appellants is concerned. Conviction of appellants under Section 341, 294 and 323 is hereby affirmed.