GANPAT Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred under Section 374(2) of the Code of Criminal Procedure (for short "the Code") against the judgment dated 6.12.1997 passed by Sessions Judge, Balaghat in Sessions Trial No. 192/1996, whereby the appellant has been convicted under Section 307 of the Indian Penal Code and sentenced to undergo R.I. for 5 years, while coaccused Veer Singh and Narsu were acquitted of the offence charged with.

(2.) According to the prosecution case, on 2/7/96 at 10.40 a.m., Manglu (PW1) along with his father Phool Singh and one Sevakram lodged a report at Police Station Changotola, District Balaghat which was entered in Roznamcha Sanha No.50A (Ex.P/4) by Head Constable Fagan Singh (PW12) to the effect that while he was sowing paddy in his agricultural field with his father, uncle Deep Singh and other members of the family, appellant Ganpat Gond and acquitted co-accused Veer Singh and Narsulal came there and prohibited him from sowing and asked him to leave the field. On his objection, Ganpat gave a Lathi blow on his left hand and back and also gave a forceful blow by butt of Lathi on his abdomen. As Deepsingh and Imrat came forward to intervene, they were also assaulted by Veer Singh and Ganpat with Lathi. The incident was witnessed by Deepsingh, Sirpat and Basanti bai. On the basis of the said information, Crime No.24/96 leading to registration of FIR (Ex.P/17) was recorded and on completion of investigation, charge-sheet was filed.

(3.) Charge under Section 307 of the IPC was framed. Appellant denied the charge and pleaded false implication.