HARLE AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants u/s 374 (2) of the Code of Criminal Procedure being aggrieved by the judgment dated 5/10/96 passed by Additional Sessions Judge, Narsinghpur in S.T. No. 24/95 whereby they have been convicted u/s 323, 323/34, 307 of IPC and sentenced to make payment of fine of Rs.25/- each in default to suffer RI for 7 days, undergo RI for 5 years & fine of Rs.1000/- in default to suffer further RI for 3 months each.

(2.) It is undisputed on record that complainant and appellants have been entered into a compromise out of the Court and on the basis of said compromise appellants have been acquitted to the charge u/s 323, 323/34 of IPC.

(3.) The prosecution case, in brief, is that on 30/07/94 at about 4.00 PM appellants Bhagwandas and Harle abused 2 the complainant Topal Ladiya thereafter, they assaulted him on his head and right leg by using the farsa and lathis. Complainant lodged the report at police station Suatala. Appellants have been arrested. After due investigation, they have been charge sheeted before the JMFC who in turn committed the case to the Court of Sessions.