ADITYARAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgement will dispose of Criminal Appeal No.854/2012 and Criminal Appeal No.819/2012, which are arising out of the common judgement dtd. 6/7/2012. On the joint request of the parties, these appeals were analogously heard and decided by this common judgement.

(2.) Both the appellants/accused have filed these appeals under Sec. 374 of the Code of Criminal Procedure (hereinafter referred to as "the Cr.P.C.") being aggrieved by the judgement dtd. 6/7/2012 passed by the Sessions Judge, Rajgarh in S.T. No.165/2011, whereby learned Trial Court, has convicted and sentenced the appellants as under :-

(3.) Prosecution story, in nutshell is that there was a program of "Ausar" at the residence of Bhagwan Singh in village Bhopalpura, a day prior to the date of incident. Yashpal Singh (PW-2), son of Surendra Singh (PW-1) was serving food in the program. At the same time, mother of the appellant Adityaraj Singh scolded Yashpal Singh (PW-2) and told him to stay away from her. Yashpal Singh (PW-2) came home from there and complained about the incident to his family members. On the date of incident i.e. on 31/3/2011, Surendra Singh (PW-1) alongwith his sons Yashpal Singh (PW-2) and Bhemendra/deceased went to home of co-accused Shyamraj Singh and Surendra Singh (PW-1) and asked Shyamraj Singh that why his mother insulted Yashpal Singh (PW-2). Co- accused Shyamraj Singh answered to him that he will admonish her. Thereafter on the same day in the afternoon, when Yashpal Singh (PW-2) was helping in loading of tractor with tent house accessories, appellant Adityaraj Singh abused and assaulted him, this latter incident was reported (Ex.P/5) by them in the police station.