VINOD MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure (for short "the Code") has been preferred against the judgment dated 9/1/1998 passed by Special Judge, Panna in Special Case No. 52/97, whereby appellant nos. 1 and 2 have been convicted under Section 324 of the Indian Penal Code (for short "the IPC") and appellant nos. 3 and 4 have been convicted under Section 324/34 of the IPC and each one of the appellants has been sentenced to undergo R.I. for 1 year and to pay a fine of Rs.200/- in default to suffer S.I. for two months.

(2.) According to the prosecution case, on 10.7.1996 when Parvati (P.W.1) and her nephew, Kalicharan were returning to their home from the field, the appellants armed with weapons obstructed their way and asked as to why they had gone to visit the field. Upon her reply that she had made the forest land worth cultivating and that it belonged to her, all of them filthily abused her and Vinod gave 4-5 slaps to Kalicharan. As Parvati objected, appellant Vinod, while abusing, dealt an Axe blow and appellant Rambali gave two Axe blowson her right elbow. Appellants Chanda and Micchu beat her with Lathis and appellant Vinod also gave a Lathi blow on her buttocks. Somehow, Kalicharan brough her to her home. The appellants surrounded her home for the entire night and abused them and threatened to kill in case they lodged the report. Next day when her son-in-law Govind (PW3) arrived, report of the incident was lodged. On the same day i.e. on 11/7/1996 when they all were passing by the house of Vinod, Vinod caused injury to Kalicharan by throwing an Axe and abused them in the name of their caste. Report (Ex.P/1) of the incident, leading to registration of Crime No.39/06, was lodged by Parvati at Police Station Brajpur and after investigation, charge-sheet was filed.

(3.) At the outset, learned counsel for the appellants submitted that he does not want to challenge the conviction awarded to the appellants. However, he prayed that the custodial sentence passed against the appellants may be reduced to the period already undergone and the fine amount may be suitably enhanced. According to him, the appellants have already suffered imprisonment for a period of one week.