PREM SINGH LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been filed against the judgment dtd. 3/3/2022 passed by Sessions Judge, Raisen, District Raisen (M.P.) in Cri. Appeal No.13/2021 whereby learned Sessions Judge affirmed the judgment of conviction dtd. 16/7/2021 passed by learned JMFC, Raisen, District Raisen in Criminal Case No.401/2017 whereby learned JMFC found applicant No.1 Prem Singh Lodhi, applicant No.2 Neeraj Lodhi and applicant No.3 Manish Lodhi guilty for the offence punishable under Sec. 324/34 of IPC and sentenced applicant No.1 Prem Singh Lodhi, applicant No.3 Manish Lodhi to undergo R.I. for one year with fine of Rs.1000.00 and applicant No.2 Neeraj Lodhi to undergo R.I. for six months with fine of Rs.1000.00 with default stipulation.

(2.) As per the prosecution case, on 30/3/2017 in the night complainant / injured Virendra Singh was sitting at his barn located near Ram Janaki temple and was guarding the crop, at around 8:30 pm applicants Neeraj Lodhi, Prem Singh Lodhi and Manish Lodhi came there on a bike. Manish was driving the bike. He parked the bike at some distance and he stood there. Prem Singh armed with a rod and Neeraj armed with a sword came to Virendra Singh and they assaulted Virendra Singh with sword and rod due to which he sustained injuries on his neck, right shoulder and back. Thereafter they went back from the spot by the bike. On the report of complainant / injured Virendra Singh police registered Crime No. 295/2017 at police station Kotwali Raisen, Distt. Raisen for the offence punishable under sec. 323, 324, 34 of IPC and investigated the matter. During the investigation police got medical examination of injured Virendra Singh conducted and also recorded the case diary statements of inujred Virendra Singh, Sunil Meena, Bheem Singh, Sukhdev, Suresh and arrested the applicants and seized one iron rod from the possession of applicant No.2 Neeraj Lodhi and after investigation police filed charge-sheet only against the applicants no.1 &2. On that charge sheet Criminal Case No.417/2017 has been registered. Learned trial Court framed-charge against the applicants no.1 &2 for the offence punishable under Ss. 294, 324/34, 506 part-II of the IPC and tried the case. Applicants abjured their guilt and took the defence that they are innocent and have falsely been implicated in the offence. During trial learned trial court also took cognizance against the applicant no.3 Manish under sec. 319 of Cr.P.C. and also framed charge against him for the offences punishable under Ss. 294, 324/34, 506 part-II of the IPC and also tried him along with the applicant no.1 and 2. After the trial, learned JMFC acquitted the applicants from the charge framed under Sec. 294 and 506 part-II of the IPC, but found the applicants guilty for the offence punishable under Sec. 324/34 of the IPC and sentenced them as aforesaid. Being aggrieved from the judgment, applicants filed Criminal Appeal No.13/2021, which was also dismissed by the Sessions Judge, Raisen. Being aggrieved from that judgment, applicant filed this criminal revision.

(3.) Although, apart from the quantum of sentence, the applicants in this revision also challenged the legality of the conviction, but during the course of the arguments learned counsel for the applicants submitted that he did not want to press the revision on the finding of conviction.