JAGANNATH PRAJAPATI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicants Jagannath Prajapati, Parasram @ Gudda and Gajraj Prajapati were convicted for commission of offence punishable under Section 325 or 325 read with Section 34 of IPC and Section 323 or 323 read with Section 34 of I.P.C and sentenced for six months rigorous imprisonment with fine of Rs.300/- and with fine of Rs.200/- vide judgment dated 29.12.2009 passed by JMFC Sehore (Shri Upendra Pratap Singh) in Criminal Case No.1441/2006 whereas in Criminal Appeal No.8/2010 Sessions Judge, Sehore vide judgment dated 21.8.2010 dismissed the appeal in toto. Being aggrieved by the judgments passed by both the Courts below the applicants have preferred the present revision.

(2.) THE prosecution's case in short is that there was a dispute between the parties about metes and bounds of a land in Village Kulans, P.S. Bilkisganj, District Sehore. On 19.5.2006 Patel & Sarpanch directed that a trench be dug between the lands of both the parties. At about 5.30 p.m victim Ashok was taking the mud from that trench then accused Jagannath Prajapati and Parasram called the victim Ashok and abused him because he was taking the mud from 2 Criminal Revision No.1331/2010 that trench. Parasram assaulted the victim Ashok by a tangia. Ashok started running towards his house then he was detained by accused Gajraj. THEreafter, Jagannath assaulted Ashok by back of a farsa. Gajraj also assaulted the witness Santosh by sticks, who came to save the victim Ashok. Victims were taken to District Hospital, Sehore for their treatment. An investigation officer went to the District Hospital, Sehore and recorded Dehati Nalishi Ex.P/1 from complainant Ashok and case was registered. It was found that victim Santosh sustained some simple injuries but, a fracture in right radius bone whereas Ashok sustained only simple injuries. After due investigation charge sheet was filed before the concerned Magistrate.

(3.) HEARD learned counsel for the parties.