LALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 13.3.2009 passed by the 5th Additional Sessions Judge, Bhopal in S.T. No.40/08, whereby the appellants were convicted for the offence punishable under Sections 324/34 of IPC and sentenced for two years' R.I. with fine of Rs.1000/-. In default of payment of fine, each of them to undergo for three months' R.I. in addition.

(2.) THE prosecution's case in short is that on 31.7.2007 at about 7:00 p.m. in the evening, the victim Monu @ Rahul was called from his house to the STD booth near Kumhar Mohalla Panchsheel Nagar, Bhopal by the appellant Lalu and thereafter, he had assaulted the victim Monu by a dagger causing him serious injuries. On shouting of Monu, Shankar Rao elder brother of his father came to the spot, who took the victim Monu @ Rahul to the J.P. Hospital Bhopal, from where he was referred to the Hamidiya Hospital. A Dehatinalishi (FIR) Ex.P/1 was lodged at Hamidiya Hospital and therefore, a case was registered against the appellants. After due investigation, a charge sheet was filed before the J.M.F.C. Bhopal, who committed the case to the Sessions Court and ultimately, it was transferred to the 5ththAdditional Sessions Judge, Bhopal.

(3.) AFTER considering the prosecution's evidence, the learned 5ththAdditional Sessions Judge, Bhopal acquitted the appellants from the charges of offence punishable under Section 307 of IPC, but convicted them for the offence punishable under Sections 324/34 of IPC and sentenced them as mentioned above.