SANTOSHDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) VIDE judgment dated 30.1.1997 passed by the learned Second Additional Sessions Judge, Satna in ST No.12/1992 the appellant No.1 was convicted for the offence under Section 324 of IPC and sentenced with two years' RI with fine of Rs.500/-, whereas the appellants No.2 and 3 were convicted for the offence under Section 325 of IPC and sentenced with three years' RI with fine of Rs.500/- each. Being aggrieved with the judgment passed by the learned Additional Sessions Judge, Satna the appellants have preferred the present appeal.

(2.) THE prosecution case, in short, is that on 14/6/1991 at about 8:30 PM in the evening, the victim Balmukund and other witnesses Vishnu, Jagdish Prasad and Ramprakash were going from Satna to Sohawal. In front of a block, a tanker of the complainant was parked and it could not be filled up because some children put stones in the pipeline. When the enquiry took place, accused Gyandas went to the spot and provoked the others to assault the victim and other witnesses. The accused persons assaulted the victim and others by sticks and axes. In that quarrel, the victim Balmukund sustained injuries on his head and other parts of the body. Vishnu sustained some injuries of axes. Lalji Agrawal (PW-3) father of the victims Balmukund and Vishnu had lodged a report Ex.P-2 before the SHO Kotwali, Satna. The victims were sent to the hospital. Dr.M.C.Gupta (PW-8) examined the witnesses at District Hospital, Satna. He gave a report Ex.P-6 for the victim Balmukund and Ex.P-7 for the victim Vishnu. He found three injuries to victim Balmukund caused at left temporal region, left index finger and on the forehead, whereas one incised wound was found to the victim Vishnu on left temporal region and back. The victims were referred for the X-ray examination and it was found by Dr. D.K.Tiwari (PW-9) that the victim Balmukund sustained a fracture of right fronto parietal region. He gave his reports Ex.P-8 and P-9. After due investigation, a charge sheet was filed before the competent Magistrate, who committed the case to the Court of Sessions and ultimately it was transferred to the learned Second Additional Sessions Judge, Satna.

(3.) THE learned Second Additional Sessions Judge, Satna after considering the evidence adduced by the parties acquitted the applicants from the charges of offence punishable under Sections 148 and 307 of IPC, but appellant Sontoshdas was convicted for the offence under Section 324 of IPC and remaining appellants were convicted for the offence under Section 325 of IPC and sentenced as mentioned above.