BALIBAI & ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal under Section 374 of Criminal Procedure Code has been preferred filed by the appellant No.1 Balibai and appellant No.2 Shobharam against the judgment of conviction dated 11/09/1997 passed by Additional Sessions Judge, Mandsaur in S.T. No.210/95 whereby the learned trial Court convicted the appellant No.1 for the offence punishable under Section 307/34 of IPC appellant No.2 under Section 307 of IPC and sentenced them to 4-4 years RI with fine of Rs.3,000/- each and in default of payment of fine, 1 year additional R.I. to each of them.

(2.) The prosecution story, in brief, are on 18/06/1995 at about 7.30 AM in the morning when appellant No.1 Balibai was cleaning the drainage in front of the house of complainant Ghisalal(PW1)at Nahargarh city, some drops of the drainage water fell on the clothes of complainant. Due to this, complainant started abusing her. Appellant No.1 Balibai also reacted and abused him. She by abusing him left the place and stated that "lamba jave" which means she will not leave him alive. Thereafter, accused-appellant No.2 Shobharam came there abusing the complainant and obstructed his way and caused stone injury on his head.

(3.) For further treatment PW1 Ghisalal(injured) was referred to District Hospital, Mandsaur. After obtaining the query in respect of injuries sustained by the injured Section 307 of IPC was added. On 28/08/1995 i.e. after a period of two months stone by which injury is said to have been caused by the appellant No.2 has been recovered. After due consideration, charge-sheet was filed under Sections 341, 294, 506 and 307 before the 1 st Judicial Magistrate First Class, Mandsaur. The matter was remitted to Sessions Court and on transfer the matter came before the 1 st Additional Sessions Judge, Mandsaur. Charge under Section 307/34 was framed against the appellants. They abjured their guilt and has stated that they have been falsely implicated in the alleged offence. They also submitted that at the time of the alleged offence appellant No.1 Balibai was not present. It is also alleged that the injury caused to the injured Ghisalal is simple in nature.