ARJUN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 28.1.2008 in S.T. No.184/2006 passed by the learned 3rd Additional Sessions Judge (Fast Track), Khandwa, whereby the appellants were convicted for the offences punishable under Sections 326/34 and 452 of IPC and sentenced for three years R.I. with fine of Rs.1,000/- and one year R.I. with fine of Rs.500/-. In default of payment of fine, each of them has to undergo for three months R.I. and one month R.I. respectively.

(2.) PROSECUTION's case in short is that on 13.7.2006, when the complainant Jairam (PW-1) was sitting in his house at village Salai, Police Station Dhangaon, District Khandwa then, the appellants came to his house for quarreling due to dispute of payment of transportation charges of the tractor. The appellant Arjun held an axe, Jaipal held a stick and the appellant Rajesh had no weapon. They assaulted the victim Jairam in a brutal manner. The witnesses namely Sugna Bai (PW-2) and Nirbhay Singh (PW-3) saved the victim Jairam, thereafter the appellants left the spot. The victim Jairam was taken to the Police Station, Dhangaon at about 8:45 p.m. and he had lodged an FIR Ex.P/1. Thereafter, he was taken to the hospital for his examination and treatment. Dr. D.C. Arya (PW-10) examined the victim Jairam on 13.7.2006 and gave a report Ex.P/14. He found three injuries to the victim Jairam. One on left elbow, second on near the right eye and third on the left leg. He referred the victim for x-ray examination. Dr. A.N. Bajpai (PW-7) at District Hospital Khandwa examined the victim Jairam with x-ray plates and found that there was a fracture in his left elbow. After due investigation, the police Dhangaon filed a charge sheet before the J.M.F.C. Khandwa and case was duly committed to the Sessions Judge, Khandwa and it was transferred to the 3rd Additional Sessions Judge, Khandwa.

(3.) I have heard learned counsel for both the parties.