VIJAY TOLARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall govern the disposal of these appeals as they are arisen out of same order date and same Sessions Trial number, hence, they are heard analogously and are being decided by this common order.

(2.) These appeals are filed against the judgment of conviction and sentence dtd. 6/7/2023 passed by the Sessions Judge, Ujjain District Ujjain in Sessions Trial No.174/2021, whereby appellants Mukesh and Vijay both have been convicted for offence under Sec. 324/34 (two counts) of Indian Panel Code (hereinafter referred to as 'IPC') and sentenced to undergo 03-03 years R.I. with fine of Rs.1000.00, 1000/- with default stipulations.

(3.) As per the prosecution story, on 1/6/2021 due to petty dispute regarding use of pathway situated between the field of appellants and complainant party, the appellants hurled abuses and on being stopped by the complainant, appellants assaulted Vikas by kicks and fists, in between Mukesh took a knife from his pocket and assaulted Vikas on his head, chest, back, hip and stomach due to which he sustained injures and started bleeding. When Dilip came in rescue Mukesh gave a knife blow on his chest due to which Dilip sustained injury near his chest and started bleeding. Thereafter Dilip's relatives Jitesh and Dharmendra came to rescue the injured, then the accused persons threatened the complainant party to kill them, if they use the path way in future. Dilip filed a complaint, on the basis of which police registered crime No.336/2021 for offence under Ss. 307, 323, 294, 506, 34 of IPC against the accused persons.