MALKHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner/complainant has filed this petition under Section 397/401 of the Code of Criminal Procedure, 1974 being aggrieved by a judgment dated 11th November, 2003 rendered in Cri. Appeal No.59/2002 by acquitting the accused/respondents No. 2 to 6 and setting aside the conviction and sentence awarded in Misc. Cri. Case No.452/98 by the learned Additional Chief Judicial Magistrate, Karera, district Shivpuri, for commission of offence punishable under Sections 147, 148 and 326/149 of I.P.C.

(2.) The brief facts for the purpose of disposal of this revision are that on 20th October 1996 in the morning at about 7 a.m., complainant Malkhan Singh was going towards his field. By that time his son Balveer after having milk was coming back. When Balveer reached in front of the house of Dilla, all accused armed with deadly weapons surrounded him and on previous enmity caused serious injuries on the person of Balveer. The report of the incident was lodged by the complainant on the basis of which crime was registered against the accused. The investigation was set in motion. The injured was medically examined. During examination, the injury sustained by the injured Balveer on his left leg, alleged to be caused by sharp edged dangerous weapon was found to be grave in nature. After investigation, the chargesheet was filed. After trial, the trial Magistrate convicted all the accused for commission of offence under Sections 147, 148 and 326 read with 149 of I.P.C. and sentenced them accordingly to one year's R.I. with a fine of Rs.500-500, two year's R.I. with a fine of Rs. 1,000-1,000, and five year's R.I. with a fine of Rs. 2,000-2,000, respectively.

(3.) The contention put forth by the learned counsel appearing for the petitioner is that in this case the ocular evidence supported by the medical evidence has proved the fact beyond all doubts that accused being members of unlawful assembly in prosecution of their common object caused grave injuries by sharp edged weapons like Axe, sword and Farsa to the injured Balveer Singh as a result of which his leg was amputated but even then the appellate court on the basis of minor contradictions/ omissions in the ocular evidence which in no way uprooted the case of prosecution, came to overturn the findings of guilt recorded by the learned trial Magistrate which is against the recognized principles of law.