BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 374 of Cr.P.C. by the appellants being crestfallen by the judgment dtd. 2/5/2023 passed by the learned 2nd Additional Sessions Judge, Sarangpur, District Rajgarh in ST No.64/2019 whereby the appellant Babulal has been convicted for offence under Ss. 307/34 of IPC, 1860, Sec. 25 (1B)(b) of Arms Act, 1959 sentenced to undergo 5 years and 2 years R.I. and fine of Rs.1000.00 and 500/- respectively with default stipulations and appellant-Ganpatlal has been convicted for the offence under Ss. 307/34 of IPC, 1860, sentenced to undergo 5 years R.I. with fine of Rs.1000.00 and with default stipulation.

(2.) Briefly stated facts leading to the present appeal in short are that the complainant lodged a complaint that there was a conversation with regard to marriage of her brother's children with the children of one Ganpat Gurjar. Ganpat was ready for the marriage but, complainant's sister-in-law was not ready for marriage. On this issue, on 11/7/2019 at about 6 AM, when her sister-in-law alongwith her son was going towards the well with animal, at that time, the complainant was also going behind them. Ganpat Gurjar alongwith his son Babulal reached thereon a motorcycle. Ganpat caught hold complainant's sister-in-law and with intention to kill her, Babulal assaulted the injured with knife. He assaulted on stomach, back, neck and face of her sister-in-law. On screaming, other villagers came on the spot, the accused persons fled away from the spot and the injured was taken to hospital at Shajapur. Thereafter, the police party, following due procedure, arrested the accused persons, registered the case against the appellants. After necessary investigation, charge-sheet was filed against the appellants under Ss. 307/34 of IPC and under Sec. 25 of the Arms Act.

(3.) In turn, the case was committed to the Court of Session vide order dtd. 3/12/2019 and thereafter, appellants were charged for offence under Sec. Sec. 307/34 of IPC and under Sec. 25 of the Arms Act. They abjured their guilt and took a plea that they had been falsely implicated in the present crime and pray for trial.