SANDEEP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appeal seems to be arguable, hence admitted for final hearing. Also heard on I.A. No.3134/2022, which is first application under Sec. 389(1) of the Cr.P.C. filed on behalf of the appellants No.2 and 3 for suspension of sentence and grant of bail.

(2.) The appellants have been convicted under Sec. 325/34 of the IPC and Ss. 3(1)(dha) and 3(2)(5-Ka) of the SC/ST Act and sentenced to undergo rigorous imprisonment for one year with fine of Rs.500.00 each, rigorous imprisonment for one year with fine of Rs.500.00 each and rigorous imprisonment for one year with fine of Rs.500.00 each respectively, with default stipulation.

(3.) The contention of learned counsel for the appellants is that there was verbal altercation between the parties and in the incident the appellants have only used lathi due to which simple injuries have been caused to the victim. However, the MLC report as well as the statement of Dr.Aniruddha Kaushal (PW-4) shows that there was an incised wound on the head of the victim. After X-ray, it was found that there was linear fracture of the frontal bone, which was grievous in nature.