SHANKARLAL & ORS Vs. STATE OF M P

JUDGEMENT

(1.) These appeals have been filed by the appellants Shankarlal, Bhanwarlal, Basantilal and Samrath. They have been convicted by the IIIrd Additional Sessions Judge, Ratlam in S.T. No.164/1998 under Sections 325 and 458 of IPC and sentenced to 4-4 years R.I. under Sections 325 and 458 of IPC with fine of Rs.2,000/- each with default clause.

(2.) Appellant-(A-1 in Cri.A. No.982/99) was in jail for a period of 15 days, appellant-Bhanwarlal(A-2 in Cri.A. No.982/99) was in jail for a period of 24 days and appellant-Basantilal(A-3) in Cri.A.No.982/99) was in jail for a period of 6 days. The appellant Samrath(appellant in Cri.A. No.985/99) was in jail for a period of 7 days.

(3.) Brief facts of the case are that on 2/09/1997 at about 2.45 AM in the night when first informant Salma(PW3) and her husband Shyamsunder(PW4) were sleeping at their house at village Mao, in between 02.45 and 03.00 AM, four persons trespassed their house armed with lathi and axe and inflicted multiple injuries to Salma on her face, head and left hand and to her husband Shyamsunder on his head, face, near eye and both the legs. There was a dispute between Shankarlal Bhil and Shyamsunder in respect of transaction of motorcycle and, therefore, they suspected that it is Shankarlal who along with other co-accused persons caused injuries to them. After causing the injuries, all the four accused persons left their lathi and axe at the place of occurrence. Among the accused, three were armed with lathi and one of them was carrying axe. All the four accused assaulted the informant and her husband with axe and lathi.