PRAHLAD, SON OF BHAIYAJI PATEL, R/O VILLAGE SURTALAI, POLICE STATION GOHALPUR DISTRICT JABALPUR (M.P.) Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 15.02.2000 passed by learned Seventh Additional Sessions Judge, Jabalpur in S.T. No. 612/1996 convicting the appellant under Section 325 IPC and thereby sentencing him to suffer RI of two years and fine of Rs. 3000/ - in default further RI of six months, this appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973. The facts in detail have already narrated by the Trial Court in paras 2 and 3 of the impugned judgment and for convenience they are not being reproduced. Suffice it to say that present appellant Prahlad and other co -accused persons namely Raddhu alias Radhika Prasad and Bade alias Suresh Kumar were tried for the offence punishable under Section 307 and 307/34 IPC respectively. However, learned Trial Court did not find the charges to be proved against Raddhu and Bade and acquitted them from the said charges. The appellant has been convicted under Section 325 IPC and sentenced them to suffer imprisonment as mentioned in para 1 of the impugned judgment.

(2.) THE contention of learned counsel for the appellant is that looking to the evidence placed on record, it is not proved that appellant has committed any offence.

(3.) HAVING learned counsel for the parties, I am of the view that this appeal deserves to be allowed in part.