SHANKAR Vs. STATE OF M.P

JUDGEMENT

(1.) THIS is the appeal of the year 1998 and is, therefore, taken up for hearing.

(2.) THIS is the appeal of the year 1998 has been filed under Section 374 of the Cr.P.C. being aggrieved by the judgment dated 10.06.1998 passed by IV Additional Session Judge, Ujjain in Criminal appeal No.260/96 whereby the appellant was convicted for offence punishable under Section 307 and 149 of the IPC and sentenced to four years rigorous imprisonment with fine of 400/ - each in case of default of payment of fine he was to undergo additional four months imprisonment on each count.

(3.) BRIEF facts necessary for elucidation are that on 29.04.1996 the marriage function was organized of the complainant son and the complainant did not invite to all the accused/appellants, due to previous enmity since it was alleged that one of the daughters, who had eloped was thrown out of the community by the accused persons. Upon this, the accused/appellants came with lethal weapons like - sword, gupti and lathis and attacked the complainant parties, as a result complainant/Teju sustained grievous injuries. 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.