RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 23.7.2008 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act, Raisen in ST No.65/2002 whereby the appellants were convicted and sentenced as mentioned in the table below : Section Act Sentence Fine Sentence, amount in default of payment of fine. 148 I.P.C Six months R.I. Rs.100/- One month's rigorous imprison. 324 Two month's read with rigorous Rs.500/- Section I.P.C. one months R.I. imprison. 149 326 read 3 month's with I.P.C Three years R.I. Rs.1000/- rigorous Section imprison. 149 341 read 10 days with I.P.C One month's R.I. Rs.100/- rigorous Section imprison. 149 294 read 10 days with I.P.C One month's R.I. Rs.100/- rigorous Section imprison. 149 All the sentences to run concurrently.

(2.) THE prosecution's case in short is that on 2.3.2002 at about 12.00 o'clock in the noon the appellants gathered at village Chandoni Gadhi to assault the victims Harbajan, Putli Bai and Parwati Bai and therefore, they wrongfully restrained the victims. Thereafter, the appellants abused them with the obscene words and started assaulting those three persons with deadly weapons like rod, katarna and sticks. Due to that assault the victims sustained various injuries. They were directed to the hospital for their medico legal examination. Dr. Thakur (PW10) examined the victim at Community Health Centre, Gairatganj. He found 13 incised wounds to the victim Harbajan and he opined that the entire effect of the injuries was of grave in nature. He gave a report Ex.P/8 in that respect. Similarly, he found three incised wounds to the victim Putli Bai and gave his report Ex.P/9. Dr. Thakur also examined the victim Parwati Bai and he found four incised wounds and three other wounds caused by hard and blunt object. Parwati Bai was referred for her X-ray examination but, no fracture was found to her. The injured Harbajan and Parwati Bai were referred to the Hamidia Hospital, Bhopal where they were examined by Dr. Brijesh Mankar (PW18). Dr. Mankar also referred Harbajan Singh for his X-ray examination. Dr. Baweja (PW20) found fracture in right leg and right hand of the victim Harbajan Singh. After due investigation a charge sheet was filed before the CJM, Raisen who, committed the case to the Special Court.

(3.) DURING the pendency of the appeal the complainants/victims Harbajan Singh, Putli Bai and Parwati Bai have applied for compromise to seek the permission to compromise and also file a memo of compromise. Registrar (Judicial-I) has duly verified the voluntariness of the victims and recorded the compromise as directed by the Court. It was directed that both the applications relating to the compromise shall be decided during the judgment.