PRABHUNATH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 10.12.2008, passed by the Second Additional Sessions Judge, Mauganj, District Rewa in ST. No.36/2007 whereby the appellants were convicted for offence punishable under Section 307 of I.P.C and sentenced for 10 years rigorous imprisonment with fine of Rs.1000/- failing which they had to undergo two months additional rigorous imprisonment

(2.) THE prosecution's story in short is that on 30.6.2006 at about 10.00 a.m in the morning the victim Rajbahadur Singh visited to see his land situated near Village Lodhi, Police Station Hanumana, District Rewa. Appellants started abusing him with obscene words and assaulted him. Appellant Lavkush Singh assaulted him by a stick causing him injury on his head and thereafter, they assaulted in a brutal manner. He sustained so many injuries in various parts of the body. Some witnesses Sanjay Singh, Babbu Singh, Manish etc saved the victim. Thereafter the appellants threatened the victim that they would kill him in future. Victim was taken to the out post Haata where he lodged an FIR Ex.P/3. He was directed for his medico legal examination to Community Health Centre Hanumana. Dr. Pushparaj Singh (PW3) found seven injuries on his body situated on head, left hand, left leg, right leg and back of his body. In his left hand one injury was an incised wound whereas, he found clinically that a fracture was caused on his head and fracture was also caused in left hand at two places. Similarly a fracture was also clinically possible in left leg. The victim was sent for his radiological examination and Dr. Tripathi (P.W.17) examined the victim Rajbahadur Singh in Medical College, Rewa. After getting his radiological test it was found that the victim sustained commuted fracture of humerous bone and radius bone in the left hand. There were fractures of 6th, 7th and 8th left ribs. In left leg fibula bone was fractured but, no fracture was found in the skull. By information received from outpost Haata a case was registered at Police Station, Hanumana and a charge sheet was filed after due investigation before JMFC, Mauganj who, committed the case before the Court of Sessions Judge, Rewa whereas it was transferred ultimately to Second

(3.) HEARD the learned counsel for the parties.