NANBHAIYA Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 9th July, 1998 passed by First Additional Sessions Judge, Hoshangabad in Sessions Trial No. 146/1996, convicting the appellants under Section 324/34 of the Indian Penal Code and sentencing them to rigorous imprisonment for three years each.

(2.) IN short, the prosecution case is that in the night of 7 th January, 1996 at about 8-10 P.M., when Amar Singh (PW3) was watering his fields, appellants reached there and asked him to refrain from irrigating his fields. When he offered that the water may be shared, they refused and assaulted him with axe and lathis. It is said that appellant Paltu assaulted him with an axe and other appellants assaulted with lathis. As a result of injuries, Amar Singh fell down unconscious. He was taken to hospital. The report of the incident was lodged by his uncle Dhanpal.

(3.) DURING trial, Chhunulal (PW1), Karan Singh (PW2) and Amar Singh (PW3) were examined to prove the prosecution case.