RAJU KACHHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 29.9.1998 passed by the learned First Additional Sessions Judge, Sehore in S.T.No.157/1995, whereby the appellants were convicted for the offence punishable under sections 324 of IPC and each sentenced for 1 year's rigorous imprisonment with fine of Rs.1,000/- . In default of payment of fine, each of them was to undergo for 2 months rigorous imprisonment.

(2.) PROSECUTION's case, in short, is that, on 3.8.1995, at about 2.30 p.m. in the noon, the victim Omprakash (P.W.8) was going on bicycle to provide lunch to his wife Shyama Bai (P.W.9) near Ganesh Mandir road, Sehore. On the way, the appellants stopped the victim Omprakash. The appellant Raju had a Farsa, Satish had a rod, Lakhan had a daggar and Amar Singh had a knife. They assaulted by such weapons to the victim Omprakash. On shouting of the victim Omprakash, Shyama Bai (P.W.9) and other witnesses reached to the spot to save the victim. Shyama Bai informed her family members and thereafter, Savitri Bai, Gendalal and Ramesh came to the spot. Gendalal took the victim Omprakash to the District Hospital, Sehore, whereas, Shyama Bai lodged an FIR, Ex.P/20 before the Police Station Mandi, District Sehore. Dr.M.K.Jain (P.W.5) examined the victim Omprakash and gave a report, Ex.P/16. He found 6 incised wounds to the victim situated at right forearm, right arm, back of the head, left elbow, right ring finger and right shoulder, whereas one blunt injury was found at right upper arm. He referred the victim for his radiological examination. After due investigation, a charge-sheet was filed for the offence punishable under sections 324 of IPC and for other offences before CJM, Sehore, who committed the case to the Sessions Court, Sehore and therefore, it was transferred to the First Additional Sessions Judge, Sehore.

(3.) THE learned Additional Sessions Judge, after considering the evidence adduced by the parties, acquitted the appellants from the charge of offence punishable under section 307 of IPC but, convicted them for the offence punishable under section 324 of IPC and sentenced them as mentioned above.