DINANATH MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellants being aggrieved by the judgment and order of sentence dated 17/3/2010 passed by the 5th Additional Sessions Judge (Fast Track Court), Satna in ST No.104/2009, whereby the appellants were convicted for commission of offence punishable under Section 304 (Part- II) read with Section 34 and Section 323/34 of IPC (4 counts) and sentenced for seven years' rigorous imprisonment with fine of Rs.1000/- and one year's rigorous imprisonment with fine of Rs.250/- (on each count) respectively. In default of payment of fine amount, an additional rigorous imprisonment for six months and two months respectively on each count was directed.

(2.) PROSECUTION case, in short, is that on 03.12.2007 at about 9 to 9.15 AM in the morning the appellants Dilip Mishra and Sandeep Mishra were removing the dirt from Ghur on the land of the complainant Deenbandhu Mishra (PW-1). The complainant Deenbandhu Mishra (PW-1) along with the deceased Babulal, Ashok Mishra (PW-8), Hariom Mishra (PW-2) went to the spot and prevented the appellants to remove the dirt from the land which was owned and possessed by complainant Deenbandhu Mishra etc. and thereafter appellants Dilip Mishra and Sandeep Mishra came with sticks and started assaulting the victims Babulal, Ashok and Hariom. They also assaulted the victim Girja Devi by sticks. Victim Babulal sustained grave injuries on his head whereas victims Ashok and Hariom had also sustained some injuries. On making hue and cry Yugal Kishore, Sunit Mishra and Sadashiv Mishra also came with sticks and they assaulted the complainant Deenbandhu Mishra and Girja Devi. They also assaulted the victims Babulal, Ashok and Hariom in such a position when they were lying on the earth. Complainant Deenbandhu Mishra lodged the FIR Ex.P-1 on the same day at about 11:50 AM at Police Station Sabhapur District Satna. Injured persons were sent to the hospital for their medico legal examination and treatment. Dr. Narendra Kumar Mishra (PW-7) examined the victim Hariom and gave his report Ex.P-10. Dr. Punit Singh Parihar (PW-21) had examined the victims Deenbandhu Mishra, Girja Devi & Ashok, and gave his report Ex.P-44, Ex.P-45 and Ex.P-46. He found that they sustained some simple injuries. Dr. Punit Singh Parihar after examination of victim Babulal prepared a report Ex.P-43 and referred the patient to the bigger hospital.

(3.) AFTER considering the evidence adduced by the parties, the learned 5th Additional Sessions Judge acquitted the accused Yugal Kishore, Sunit Mishra and Sadashiv Mishra from all the charges, but convicted and sentenced the present appellants as mentioned above.