BHUJBAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 15.2.2000 passed by the learned First Additional Sessions Judge, Sehore in ST. No.2/1998 whereby the appellant no.2 is convicted for offence punishable under Section 307 of I.P.C and appellant no.1 is convicted for offence punishable under Section 307 read with Section 34 of I.P.C. Each of them were sentenced with five years rigorous imprisonment and fine of Rs.500.00. In default of payment of fine one month's rigorous imprisonment was directed.

(2.) THE prosecution's story, in short, is that on 8.8.1997 at about 7.00 a.m in the morning the complainant Kailash Narayan (PW2) went to answer the call of nature in a field situated at Village Ahmedpur (Police Station Ahmedpur, District Sehore). When he was coming back, the appellants surrounded him. They had sticks with them. The appellant no.1 Bhujbal held the complainant Kailash and the appellant no.2 Prem Narayan assaulted him by a stick causing him injuries on his head and left hand. The complainant Kailash fell down due to the assault and thereafter, both the appellants assaulted him by sticks causing him injuries on his various parts of the body. He was assaulted because the appellants had suspected that the complainant was behind some witch craft. In the meantime, one Mohanlal (PW6) came to the spot who saved the complainant. The complainant was taken to the Police Station, Ahmedpur where he lodged an FIR Ex.P/2. He was sent for his medico legal examination and treatment. Dr., J.K. Kathuria (PW1) examined the complainant Kailash Narayan and gave his report Ex.P/1. Various blunt injuries were found to the victim at 17 places on his body. Out of those injuries X-Ray was referred for head, left forearms and left upper arm. The complainant was referred for Hamidia Hospital, Bhopal. After due investigation a charge sheet was filed before the Additional Judicial Magistrate, Sehore who committed the case to the Sessions Court, Sehore and ultimately it was transferred to the First Additional Sessions Judge, Sehore.

(3.) THE learned Additional Sessions Judge after considering the evidence adduced by the prosecution convicted the appellants for offence punishable under Section 307 or 307 read with Section 34 of I.P.C and sentenced as mentioned above.