PREM @ PREMNARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS ­ Prem @ Premnarayan, Trilok and Mukesh were prosecuted and eventually convicted for an offence punishable under Sections 326 read with Section 34 of IPC and were directed to undergo three ­ three years of RI and to pay fine of Rs.1000/ - to each of them, in default of payment of fine three ­ three months additional RI to them.

(2.) APPELLANT No.1 ­ Prem @ Premnarayan has already undergone 11 months out of a total sentence of 3 years on the date of impugned judgment. His bail application for suspension of jail sentence was allowed on 24.12.2001. Similarly appellant No.2 ­ Trilok and appellant No.3 ­ Mukesh have completed 20 days and 13 days respectively, till the date of judgment and thereafter, their application for suspension of jail sentence has been allowed on 24.12.2001.

(3.) THE case of the prosecution was that on 16.1.2001 at 7.00 AM in the morning complainant (PW4) Santosh, who was residing at Devgarh was standing at bus stop, at that relevant point of time, appellant No.1 ­ Prem @ Prem Narayan armed with sword, appellant No.2 ­ Trilok armed with hockey and appellant No.3 ­ Mukesh armed with wooden stick came there and surrounded him and when complainant started running from there, appellant No.1 caught hold him and thereafter Santosh inflicted sword injury on his head. Trilok caused injury with hockey on his hand and third accused ­ Mukesh caused stick injury on his left leg and near left ear. On hearing the shriek of Santosh, (PW6) Anokhilal, (PW8) Kamal and (PW9) Sagar, brother of the complainant came at the place of occurrence and tried to save him. Mukesh caused injury to them also. At that relevant point of time, accused No.1 was extorting and asking him to kill him. After that all the accused persons ran away from the place of occurrence. With the help of (PW9) Sagar, brother of the injured and others, injured came to the police station Hatpipliya, where, he lodged FIR vide Exhibit P/4. He was sent for medical examination to Primary Health Center Amlataj, where, he was medically examined by (PW1) Dr.U.S. Malviya. As per MLC report Exhibit P/1, injured (PW4) Santosh sustained the following injuries: -