GENDALAL & OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 29.11.2011 passed by the learned Sessions Judge, Narsinghpur in S.T.No.211/2010, whereby the appellants were convicted for offence punishable under section 307 or 307 read with section 34 of IPC and each sentenced for 7 years' rigorous imprisonment with fine of Rs.1,000/ -. In default of payment of fine, each of them has to undergo for one year's additional rigorous imprisonment. The appellants are also convicted for offence punishable under section 452 of IPC and each sentenced for 3 years' rigorous imprisonment with fine of Rs.500/ -. In default of payment of fine, each of them has to undergo for 3 months' additional rigorous imprisonment. Prosecution's case, in short, is that, on 28.8.2010, At about 8 p.m. in the evening, the victim Ram Singh (P.W.3) was taking his dinner in his residence situated at village Bakori, Police Station Mungwani, District Narsinghpur. The appellants came to the house of the victim and started abusing. The complainant Tulsa Bai prohibited them to say such abuses. In the meantime, Ram Singh came out of the house. The appellant Gendalal, who kept a Baka (Daggar) in his hand assaulted on the nose of the victim Ram Singh, by which his nose was cut and also some portion of upper jaw was cut. His tongue was also teared. Ram Singh fell on the Earth. He was looked after by Tulsa Bai. The other appellants, who had sticks in their hands ran away from the spot. The victim Ram Singh was taken to the nearest hospital. Dr.M.L.Ahirwar (P.W.1) examined the victim Ram Singh at District Hospital, Narsinghpur and gave his report Ex.P/1, in which he had stated that an inverted 'V' -shaped incised wound was found on the nose of the victim Ram Singh. Nasal bone and upper jaw of the victim Ram Singh was found cut. Also, the tongue of the victim was teared into two parts. He referred the patient to the District Hospital, Narsinghpur.

(2.) THE complainant Tulsa Bai immediately lodged an FIR to the out -post of District Hospital, Narsinghpur, which was registered as Ex.P/5. The FIR was transferred to the Police Station Mungwani for further registration. The appellant Gendalal was arrested and one Baka (Daggar) was seized from him. Blood stained clothes of the victim Ram Singh was also seized. After due investigation, a charge -sheet was filed before the JMFC, Narsinghpur, who committed the case to the Sessions Court.

(3.) THE learned Sessions Judge after considering the evidence adduced by the prosecution, convicted the appellants for the offences punishable under sections 452 and 307 or 307 read with section 34 of IPC and sentenced them as mentioned above.