SUKHLAL AND ORS 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"), being aggrieved with the judgment dated 31/01/1997 was passed by III Additional Sessions Judge, Chhatarpur in Session Trial No. 182/1992, whereby appellants have been convicted under Section 148 and 326 read with 149 of the IPC and sentenced to undergo R.I. for 1 year and 3 years respectively, whereas co-accused Gendabai and Devkiya Bai have been acquitted of the offences under Sections 148 and 307/149 of the IPC.

(2.) Admittedly, appellants and the complainant party are the members of the same family and property disputes are prevailing between them.

(3.) Prosecution case, in brief, is that, a day prior to the date of incident, appellant no.1 Sukhlal had put a lock on the door of the house where cattle of complainant Hargovind (PW2) were housed. Next day, on 13/7/1992 at about 6.30 a.m., when Hiriabai (PW3), wife of Hargovind, brought a mash for the cattle, she found that appellant nos. 1, 2 and 4 respectively armed with Axes and Lathi were sitting in the courtyard, where co-accused Devkiya and Gendabai were also sitting. Appellant no.2 exhorted others to beat Hiriya, upon which Devkiya and Gendabai caught her hair and appellant no.1 dealt an Axe blow on her head, while appellant no.2 wielded the Axe on her legs. Hearing her screams, Villagers Ramesh Khare and Bhagwandas reached at the spot, while the appellants and the co-accused persons fled. Further, Ramprasad (PW6) after coming from the field informed that the appellants along with coaccused Nanhe Bhaiya (since dead) had also assaulted Kamlibai (PW4) with Axes and Lathis and appellant no.1 had twisted and broken his hand. According to him, appellant no.2 had inflicted Axe blow on his left hand due to which his fingers had got cut while appellant no.1 had dealt an Axe blow on his right hand. Report of the incident was lodged by complainant Hargovind at Police Outpost Ghuwara upon which Dehati Nalishi (Ex.P/16) was recorded and sent to concerned Police Station Mangwa, where on 13/7/92, First Information Report (Ex.P/30) was recorded and after investigation, charge-sheet was filed.