BRIJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 24.9.2004 passed by learned Fourth Additional Sessions Judge, Sagar in S.T.No.257/2002, whereby the appellants were convicted and sentenced as under:-

(2.) PROSECUTION's case, in short, is that, on 23.5.2002 at about 10 p.m. in the night, the complainant Bhagwat (P.W.1) was sitting in his house at village Chhindali, Police Station Maharajpur, District Sagar. Thereafter, the appellants came in his house. The appellants were armed with various weapons. The appellant Shivram had a Katarna and other appellants had sticks in their hands. They started abusing him and thereafter, they started assaulting the complainant. The appellant Shivram assaulted the complainant Bhagwat by Katarna causing him an injury on his head. Remaining appellants had assaulted him by sticks causing him injuries on his shoulder, left hand, left foot and right hand. Sunil (P.W.3), son of the complainant and Vinod (P.W.9) nephew of the complainant Bhagwat tried to save the complainant then, the appellants assaulted them also. They left the spot with threatening that they would kill the victim in future. After the incident, the victim Bhagwat was taken to the Government hospital, Deori where ASI Shri Choubey recorded the Dehati Nalshi, Ex.P/1 from the information given by the complainant. Injured persons were sent to the hospital for their medico legal examination and treatment. Dr.P.C.Shakya (P.W.2) examined the victims Sunil, Vinod and Bhagwat Singh and gave his reports Ex.P/2 to Ex.P/4 respectively. He found two simple injuries to the victim Sunil on his left hand and left shoulder, whereas one simple injury on left hand was found to the victim Vinod. On the other hand, he found three injuries to the victim Bhagwat Singh situated on his head, left knee and left shoulder. Out of them, injury caused on his head was referred for radiological examination. Dr.Jinesh Diwakar (P.W.4) examined the victim Bhagwat Singh radiologically and he found that there was a linear fracture on the parietal bone of the victim. He gave his report, Ex.P/7. After due investigation, a charge-sheet was filed before Additional Chief Judicial Magistrate, Deori, who committed the case to the Sessions Judge, Sagar and ultimately, it was transferred to the Fourth Additional Sessions Judge, Sagar.

(3.) DURING the pendency of this appeal, the complainants Bhagwat, Sunil and Vinod have moved an application to record the compromise from their side and have submitted an application for seeking permission to compound at I.A.No.8527/2012. I.A.No.8527/2012 is to be decided in the present judgment and therefore, it was kept pending.