GAMA @ NIRMAL KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved with the judgment dated 26.2.1998 passed by the IIIrd Additional Session Judge, Hoshangabad in S.T. No.170/1994 whereby all the appellants, have been convicted and sentenced for the offences punishable under Section 341 read with S.34 of the I.P.C. Moreover, appellant no.3 stands convicted under Section 326 of the IPC while the remaining appellants have been convicted under Section 326 read with Section 34 of the IPC and sentenced accordingly.

(2.) According to the prosecution case, on 29.12.1993 at 2.30 p.m., while Niranjan Sharma (PW2) along with Anil Sharma, Ajay Singh Rajput and Bhupendra was returning after taking bath in Narmada, near Balak School, Kothi Bazar, Dharmendra Kahar, maternal-uncle of Dharmendra, Prakash and Gama, respectively armed Sword, Ballam and Lathis wrongfully restrained him and Dharemendra gave a Sword blow on Niranjan s left wrist, whereby the bone was broken, and the remaining appellants grappled with them and assaulted by kicks and fists. When companions of Nirajan intervened, appellants after threatening and abusing fled. Thereafter at Police Station Hoshangabad, FIR(Ex.P/2) was lodged and after completion of investigation, charge-sheet was filed. Cr.A. No.525/1998

(3.) Charges under Sections 341, 294, 307, 326 read with Section 34 of the I.P.C. were framed. Appellants pleaded false implication and not guilty.