AJAY KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 13.1.1997 passed by the IXth Additional Sessions Judge, Bhopal in ST. No.123/1992 whereby the appellants were convicted for offence punishable under Sections 323 of I.P.C (for the victims Manoj Saini, Shiv Kumar and Tulsiram) and sentenced for rigorous imprisonment for one year and Section 452 of I.P.C and sentenced for two years rigorous imprisonment with fine of Rs.1000/-. In default of payment of fine, each of the appellants was to undergo additional simple imprisonment for six months.

(2.) PROSECUTION's case in short is that on 7.10.1991 at about 5.30 p.m the victim Manoj Saini was standing in front of his house situated at Tilajamalpura, Bhopal. The appellants and other persons came to the house of the victim Manoj Kumar to obtain some donation to arrange some religious festival. Manoj Kumar replied that his father had already given some donation to some persons organizing the same festival and therefore, he was unable to give donation for the second time. Thereafter, the appellants came to the spot with sword, gupti, katar and hockey and assaulted the victim Manoj Kumar. Manoj Kumar ran towards his house and entered inside his room. then the appellants also entered in the room with all those weapon and Sharad assaulted the victim Manoj Kumar on his head by a sword but, since Manoj tried to save himself, the injuries were caused in his hands. Similarly Ravi assaulted the victim Shiv Kumar on his right chest whereas, the appellant Ajay assaulted the victim Shiv Kumar by a hockey on his chest. When the victim Tulsiram came to save the remaining victims the appellant Anand assaulted him by a knife (Katar) causing him an injury in his left palm. After this incident Manoj Kumar went to the Police Station, Nishatpura at about 6.10 p.m and lodged FIR Ex.P/1. The victims were sent to the Government Hospital for their medico legal examination and treatment. The concerned doctor found various injuries to the victims. After due investigation a charge sheet was filed before the JMFC, Bhopal who, committed the case to the Sessions Court, Bhopal and ultimately it was transferred to the IXth Additional Sessions Judge, Bhopal

(3.) THE learned Additional Sessions Judge after considering the evidence adduced by the parties acquitted the appellants from the charges of offences punishable under Section 307 and 324 of I.P.C read with Section 34 of I.P.C but, convicted the appellants for offences punishable under Sections 452 and 323 read with Section 34 of I.P.C and sentenced them as mentioned above.