ZITU SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellants named above, being dissatisfied with the judgment dated 15.5.1995, rendered by the learned Third Addl. Sessions Judge, Shajapur in. S.T. No. 475/94, thereby finding the appellants guilty of the offences punishable under sections 302/34, 325/34 and 323/34 of the Indian Penal Code, convicted and sentenced them each to suffer imprisonment for life with fine Rs. 500/ -, in default of payment of fine to suffer RI for three months, RI. for one year and fine Rs. 200/ -, in default of payment whereof to suffer R.I. for two months and fine Rs. 100/ -, in default of payment of fine to suffer RI. for one month respectively, have preferred this appeal. All the substantive sentences are directed to run concurrently.

(2.) THE brief facts of the prosecution case as unfolded before the trial Court were that on 8.1.1992, complainant Shivlal lodged a report that about one and a half months before, there was a quarrel between him and Chandersingh and since then, their relations were strained. On the fateful night of 8.1.1992, the complainant alongwith Baldeo and Bapu were trying to sleep in their field. At that time, the appellants came over there armed with lathis and farsi and started beating them. When the complainant, Bapu and Baldeo got up, the three assailants fled away from the place of occurrence, whom the complainant party identified in the electric light. In the assault, Shivlal sustained injuries on his head, Baldeo on his head, both hands, back and left leg and Babu sustained injuries on his right elbow. They cried for help but, none turned up to rescue them. Since it was late hours in the night, the report was lodged the next day and investigation ensued.

(3.) WE have heard Shri Viveksingh, learned counsel for the appellants and Shri G. Desai, learned Dy. Advocate General, appearing for the State and perused the entire record.