BACHNU AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners have filed this revision under Section 397 of the Cr.P.C against the judgment dated 12.6.2006 passed by the Court of I Additional Sessions Judge Shivpuri in Cr.Appeal No.527 of 2005 affirming the conviction under Section 325/34, 452 and 342 of the IPC and partly modifying the sentence under the judgment dated 28.9.2005 passed by the Court of Judicial Magistrate, First Class, Shivpuri in Cr.Case No.826 of 2004 from Two years RI to each, one year RI to each, and Six months RI to each respectively under the above sections into the sentence of RI for Six months to each, RI for three months to each and RI for one month to each respectively. The sentences are to run concurrently.

(2.) Prosecution case in brief, is that on 8.11.2002 at about 6 PM the complainant Kamarsingh was returning to his home after easing himself, on the way accused Bachnu, Kaliram and Makhan stopping him started abusing and threatened to kill him. At that time, Bachnu hit the complainant on his head with an axe and Kaliram and Makhan beat him with lathis and caused him injuries. The complainant tried to rescue himself and went inside his home but the accused dragged him out of his home and took him to their home, where, they again assaulted him and tied him up. Some village people Apru and Karnu tried to get the matter settled but the accused also assaulted them. Other acquitted co-accused Badam and Janved also beat the complainant. The FIR was lodged at Thana Sirsaud Ex.P/1 and Crime No.198 of 2002 was registered against the accused, on the basis of which, complainant was sent for medical examination and after investigation, charge sheet was filed in the Court of Judicial Magistrate, First Class Sirsaud.

(3.) The learned trial court framed charges against the accused Bachnu, Makhan and Kaliram under Sections 341, 294, 506 Part 2, 323, 323/34, 325/34, 452 and 342 of IPC and after completion of trial, learned trial court convicted and sentenced petitioners under Section 325/34, 452 and 342 of IPC and sentencing them to R.I. as stated above. Being aggrieved by the judgment of conviction, petitioners preferred Criminal Appeal before I ASJ, Shivpuri being Cr.Appeal No.527 of 2005 and learned appellate Court vide impugned judgment affirming the conviction, partially modified the order of sentence as stated earlier.