KALLU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is filed by the appellants being aggrieved by the judgment dated 3/12/1994 passed by the Additional Sessions Judge, Khurai in ST No.69/1986, whereby the appellants were convicted and sentenced as under:-

(2.) THE prosecution's story, in short, is that on 13.8.1985 the victim Gajraj Singh (PW-10) was sitting in front of the shop of one Sohan Singh (PW-9) situated at Village Karonda (Police Station Bhangarh District Sagar). At about 5:30 PM all the appellants came to the spot. The appellant Narayan Singh and Govind Singh had guns, appellant Dayaram had a ballam and other appellants had sticks. They started assaulting the victim Gajraj Singh. Appellant Dayaram assaulted him with a ballam on his head, whereby appellants Govind Singh and Narayan Singh assaulted him with the base of guns and other appellants assaulted him with sticks. The appellant Anek Singh pelted a stone causing injury on the right buttock of the victim Sohan Singh. Kasturi Bai (PW-20), Ramkali (PW-14), Kamla Bai (PW-13) also came to save the victim Gajraj Singh, and therefore they were also assaulted by the appellants and they sustained some injuries. Sohan Singh met ASI Dwivedi on his way to Police Station Bhangarh, therefore he gave a Dehati Nalishi to Shri Dwivedi. The injured persons were directed for their medico legal examination and treatment to the Civil Hospital, Bina. Dr. Rakesh Saxena (PW-18) examined the victims Gajraj Singh, Ramkali, Kamla Bai, Sohan Singh, Randhir and Kasturi Bai and gave his report Ex.P-39 to Ex.P-45. He found three simple injuries on Ramkali and two simple injuries on Kamla Bai, whereby four injuries were found on the victim Kasturi Bai and she was referred for her X-ray examination of the injury caused on her left hand. Similarly, simple injury was found to the victim Randhir Singh. Dr. Rakesh Saxena found as many as 15 injuries to the victim Gajraj Singh. Out of them, one lacerated wound was found on his left hand, whereas various contusions were found on both the hands, forehead, back below his neck and on the scapular region etc. He was referred for his X-ray examination for the injuries caused on his head. Dr. V.K. Mishra (PW-5) examined radiologically the victim Gajraj Singh and gave his report Ex.P-18. He found a fracture of body scapula and 7th & 8th ribs on left side. After due investigation, a charge sheet was filed before the JMFC Khurai, who committed the case to the Sessions Court, Sagar and ultimately it was transferred to the Additional Sessions Judge, Khurai.

(3.) DURING the pendency of this appeal, appellant No.1 Gajraj Singh and appellant No.4 Shiraj Singh had expired and their names were deleted from the array of the appellants, and therefore their appeal was dismissed being abated.