DAYARAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition arises out of the judgment and order dated 12.1.1998, passed by Additional Sessions Judge, Panna, in Criminal Appeal No. 20/95, dismissing the appeal filed by the petitioners against the judgment and order dated 13.2.1995, passed by Judicial Magistrate First Class, Panna, in Criminal Case No. 20/93, whereby the petitioners Dayaram and Ram Shiromani stood convicted for the offences punishable under sections 452 and 323, IPC. Both of them have been sentenced to R.I. for three months and a fine of Rs. 200.00 each, in default to undergo R.I. for one month, for offence punishable under section 452, IPC. They have further been sentenced to fine of Rs. 200.00, in default to undergo R.I. for 15 days, for offence punishable under section 323, IPC.

(2.) THE prosecution case shorn of details and necessary for the disposal of this revision is that the complainant party and the petitioners belong to the same family. There was some dispute regarding the partition of the family property. Four days prior to the date of incident, petitioner Ram Shiromani uprooted certain plants of gram standing in the field of complainant Ram Swaroop. On 11.2.1993 at about 7.30 p.m. when complainant Ram Swaroop was tying his cattle in his house, both the petitioners entered his house. Petitioners Dayaram was armed with an axe and petitioner Ram Shiromani was armed with a lathi. Petitioner Ram Shiromani told the complainant Ram Swaroop that as he prevented him from uprooting the gram plants, he will face the music for the same.

(3.) FIR of the incident, Ex. P-1 was lodged by Ram Swaroop on the same day at 10.30 p.m. at P.S. Saleha. The injured were sent for medical examination to PHC, Saleha. Dr. K.M. Soni (PW 5) examined Ram Swaroop and found one lacerated wound (wrongly described as incised wound in the judgment of the trial Court), 1-1/2" x 1/5" x 1/10" on his head. Ex. P-5 is the report of Dr. Soni. He also examined Baijanti Bai and found one abrasion 1/4" x 1/4" on her left forearm. Ex. P-6 is the report of Dr. Soni. He opined that injuries caused to Ram Swaroop and Baijanti Bai were simple in nature and caused by hard and blunt object. In his opinion the duration of injuries was four hours.