DAYARAM JAGANNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioners through this revision petition confine their challenge only to sentence of one month RI and fine of Rs. 500/ -, in default, further two months' RI awarded by the JMFC, Shajapur by judgment dated 31 -7 -1990 and upheld in appeal by Sessions Judge, Shajapur by judgment dated 12 -9 -1990.

(2.) THE present petitioners along with deceased Jagannath and accused Badrinath who was released on probation by the trial Court were prosecuted by Sundarsi Police Station for offence under, Sections 147, 148, 325/149, Indian Penal Code. The prosecution story was that on 5 -5 -1988 in the evening they formed unlawful assembly and were armed with deadly weapons and used force and in furtherance of common object of unlawful assembly grievous hurt was caused to complainant Narayansingh. The accused persons pleaded not guilty to charge and denied any role in the alleged offence. They were, however, found guilty and convicted under Sections 325/149, Indian Penal Code and 148, Indian Penal Code and sentenced to suffer one month RI and fine of Rs. 500/ - each, in default two months' further RI on first count and imprisonment till rising of Court on the second count. The judgment was upheld in appeal by the Sessions Judge.

(3.) SHRI G. Desai learned Panel Lawyer for the State had no particular comments to make on the request.