BASANT RAO Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern the disposal of Criminal Appeal No. 21 of 1980.

(2.) The Additional Sessions Judge, Gadarwara vide his judgment dated 11/12/1979 passed in Sessions Trial No. 74 of 1979 convicted accused Kanchhedi under sections 307 and 447 of the Indian Penal Code and sentenced him to rigorous imprisonment for two years and three months respectively, convicted accused Basant Rao under the same sections and sentenced him to rigorous imprisonment for one year and three months respectively and convicted accused Munna alias Mohanlal under sections 323 and 447 of the Indian Penal Code but granted him benefit of the provisions of section 4 of the Probation of Offenders Act and ordered his release on probation of good conduct. The present appeal i.e. 1261 of 1979 has been filed by accused Basant Rao against abovesaid convictions and sentences. Criminal Appeal No. 27 of 1980 bas been filed by the remaining two accused i.e. Kanchhedi and Munna, alias Mohanlal against their abovesaid convictions and sentences. It may be pointed out that one more person i.e. Gilla alias Gilli was also tried along with the above said three accused, but he was acquitted by the Additional Sessions Judge of the offences alleged against him on the ground that the evidence produced in the case was insufficient to implicate him in the matter.

(3.) It would be clear from the judgment of the trial Court that the conviction of accused Kanchhedi under section 307 of the Indian Penal Code was for causing an injury on the head of P.W. 1 Murlidhar with a sharp edged weapon. It would also be clear that the conviction of accused Basant Rao under the same section was for causing an injury on the left side of chest of P. W. 2 Khande Rao with a sharp edged weapon. The conviction of accused Munna alias Mohanlal under section 323 of the Indian Penal Code was for causing simple injuries to P.W. 1 Murlidhar and P. W. 2 Khande Rao with a lathi. In addition, all the three accused-appellants were found guilty of having committed criminal trespass over the land said to be belonging to and in possession of P.W. 2 Khande Rao and were convicted under section 447 of the Indian Penal Code.