RAM SNEHI Vs. STATE OF M P

JUDGEMENT

(1.) The appellants accused have preferred this appeal under Section 374 (1) of Cr.P.C being aggrieved by the judgment dated 21 st April 1997 passed by the Sessions Judge, Chhatarpur in S.T. No. 102/94 convicting and sentencing to each of them under Section 307/34 of IPC for RI five years with fine of Rs.500/-. In default of depositing the fine amount further three months RI has been awarded.

(2.) The facts giving rise to this appeal in short are that on 12.2.1994 at about 4.30 in the noon the victim Thowan came to the P.S. Rajnagar, district Chhatarpur and lodged the FIR contending that he being an agriculturist is having his own field in village, while adjoining field to his field belongs to the appellants. At about 3 o'clock in the noon, he was removing the bushes of Beshram from the boundary of his field, at the same time the appellants with their common intention to cause him injuries came there and asked him why he is removing the bushes of beshram and in continuation gave him a threat to kill him. Thereafter the appellant no. 1, Ram Sanehi gave a blow of stick on his head. Resultantly he sustainedinjury. He was also subjected to blows of sticks by the co-accused, the appellant nos. 2 and 3, namely Ram Kripal and Munna @ Gopal. Resultantly on sustaining the injuries, he fell down on the floor, on his shouting, Hemraj and Pragi working at the nearest place also came there, on which the appellants flade away from the spot. Such persons brought the victim to his residence from where he was taken to the Police Station where he lodged the report, on which a crime for the offence of under Section 307/34 of IPC was registered against the appellants. He was sent to the hospital where after medical examination, his MLC report was prepared. He was referred for x-ray of head injury and some other injuries. On carrying out the same, no bony injury was found on his person. The appellants were arrested. Witnesses were interrogated and on completion of investigation, the appellants were charged sheeted for the offence of Section 307/34 of IPC.

(3.) On committing the matter to the Sessions Court, on evaluation of the charge sheet, the charge of above mentioned Section was framed against each of the appellants. They abjured the guilt, on which the trial was held. On appreciation of the evidence after holding guilty to the appellants under Section 307/34, each of them were punished with the punishment, as stated above. Being dissatisfied with such conviction and sentence, the appellants have come to this court with this appeal.