PREM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred under Section 374 of Cr.P.C. against the impugned judgment dated 22.02.2010 passed in Sessions Trial No. 210/09 by the learned 4th Additional Sessions Judge (FTC), Guna (MP) convicting the appellants for offence under Sections 147, 148, 307/149 (2 counts) and 323/149 (2 counts) of IPC and sentencing each of them to undergo RI for 1 year for offence under sections 147, 148, 323/149 (2 counts), respectively and RI for 7 years with fine of Rs.500.00 each for offence under section 307/149 (2 counts) IPC with default stipulation.

(2.) SUCCINCTLY the facts of the case are that on 15.3.1999 the complainant Raghuveer Singh lodged an FIR at the police station alleging that on 15.3.1999 at about 9 AM, accused Anand was plucking tamarind from the tree belonging to complainant Raghuveer Singh and complainant prevented accused Anand. On the same day, at about 12 o'clock, when complainant Raghuveer Singh was returning home from field, on his way to home, accused Prem Singh, Than Singh and Naval Singh armed with farsas and other accused persons, Jitendra, Anand, Sardar Singh, Chhotelal, Gangaram, Dalchand and Suresh armed with lathis came having common intention and started beating the complainant Raghuveer Singh. On hearing cry, complainant's brother Bahadur Singh and his son Sanjeev Singh came to save him but they were also beaten. After lodging of the FIR, investigation was done and after completing all due formalities, challan was filed. The learned trial court after completion of trial found the accused persons guilty for the offence punishable under sections 147, 148, 307/149 (2 counts) and 323/149 (2 counts) of IPC and convicted and sentenced them as mentioned in para 1 of its judgment.

(3.) THE main question for consideration before this court in the present appeal is whether the trial court is justified in conviction and sentencing the appellants by the impugned judgment.