KUWAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicants were convicted for offences punishable under Section 326 read with Section 34 of I.P.C and Section 324 read with Section 34 of I.P.C by the learned JMFC Rehli, District Sagar vide judgment dated 2.9.1998 in Criminal Case No.41 of 1998 and each was sentenced with two years rigorous imprisonment for each offences. It was also directed that sentence shall run concurrently. In Criminal Appeal No.191 of 1998 the learned IIIrd Additional Sessions Judge, Sagar vide judgment dated 18.11.1998 dismissed the appeal. Being aggrieved with the aforesaid judgments passed by both the Courts below the applicants have preferred the present revision.

(2.) THE prosecution's case in short is that, on 21.9.1986 at about 12.30 p.m the complainant Bhagwan Singh and his brother were moving on the road at Village Badgan (Police Station Rehli, District Sagar) and when they reached before the house of Bhagwan Singh, the applicants and one Jahar Jahar Singh had a katarna, Naval Singh surrounded them. Singh had a kulhadi and remaining applicants had a stick. They assaulted the complainant Bhagwan Singh and Randhir Singh. Mardan Singh who interfered in the incident was also assaulted. An FIR Ex.P/9 was registered at Police Station Rehli and the victims were sent for their medico legal examination. Dr. S.K. Mishra (PW6) examined the injured persons. He gave a report Ex.P/15 after examining the complainant Bhagwan Singh. He found one incised wound on his left arm and two contusions on left small finger and right knee respectively. He also examined the victim Randhir Singh and gave his report Ex.P/16. He found various contused injuries on left head, other portion of the head, dorsal aspect of left hand, right elbow and right leg. He also found one incised wound on his right shoulder. Mardan Singh sustained two simple injuries. During the investigation Dr. Mishra opined that incised wound which was caused to the victim Bhagwan Singh was fatal in nature and therefore, it was a grave injury. After due investigation a charge sheet was filed before the trial Court.

(3.) THE learned JMFC, Rehli after considering the evidence adduced by the prosecution convicted and sentenced the applicants as mentioned above. The appeal filed by the applicants was dismissed in toto.