DHARMENDRA Vs. STATE OF M.P

JUDGEMENT

(1.) THIS appeal has been filed under Section 374 of the Cr.P.C. being aggrieved by the judgment dated 21.09.1999 passed by Additional Session Judge, Sonkatch in S.T. No.44/1999, whereby the appellants were convicted for offence punishable u/S.307/34, 506 and 341of the IPC but the appellant No.1 Dharmendra @ Kalu was convicted for offence under Section 324/34 of the IPC and appellant No.2 Dilipsingh was convicted for offence under Section 324 of the IPC and sentenced them to 3 years rigorous imprisonment.

(2.) BRIEF facts necessary for elucidation are that on 29.01.1999 complainant Prakashchandra was going to market on his bicycle at the same time, appellants stopped the complainant and assaulted him by sword and tommy (iron rod) due to some previous enmity, as a result complainant sustained injuries. The FIR was lodged at Police Station Sonkatch. Upon the complaint of the complainant case was registered against the appellants. After framing of charge and recording of evidence, appellants were convicted as stated above, hence the present appeal.

(3.) COUNSEL for the appellants have urged that the conviction is contrary to the principles of law. The Court below has failed to appreciate the evidence and there are material omissions and contradictions in the testimony of the prosecution witnesses. Counsel submitted that the appellants have been acquitted from offence under Section 307 of the IPC and has been convicted for offence under Sections 324, 324/34 of the IPC and sentenced of two years has been imposed. Counsel further submitted that the injury sustained by the complainant was simple in nature and no grievous injury was detected. P.W.3 Kamal Chandra is not a reliable witness and has failed to name accused Dharmendra and the FIR is also delayed and no independent witness has been examined. However, the prosecution has been unable to prove the offence under Sections 307/34, 506 and 341of the IPC. Counsel also stated that the appellant No.1 has almost undergone custodial sentence 12 days and the applicant No.2 has almost undergone custodial sentence 06 days.