BHURA ANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants stand convicted for offences punishable under Section 325 read with Section 149 IPC with a sentence of R.I. for 2 years and a fine of Rs. 500; Section 147 IPC with a sentence of R.I. for 6 months and under Section 323 read with Section 149 IPC with a sentence of R.I. for 6 months. All jail sentences to run concurrently.

(2.) Briefly stated, the prosecution case was that admittedly the relations between the accused persons belonging to one party and the injured belonging to the rival party were strained over Panchayat elections. It was said that one Gopal Singh (PW -8) was assaulted by Bhura Khan who is one of the appellants. The rival faction, therefore, made an issue of it and went to Police Station Mandsaur to lodge report. While the party was returning to their village after lodging report on 22/9/1983 it was at about 8 0 Clock in the night near village Bugalia, that the appellants armed with deadly weapons like a gun, dhariya, sword and lathis assaulted the complainant party led by Ramlal (PW- I). A report was lodged in Police Station Mandsaur Dehat at a distance of 8 Kms. at 9.30 PM. During investigation Gautam, Balbahadur Singh, Ramlal and Lalu were found to have suffered injuries in the nature of contusions and lacerations caused by hard and blunt object. Some of them had resulted in fractures of arm and leg. After completing the investigation the accused were tried for charges under; Sections 148, 307 read with Section 149 and Section 323 read with Section 149 IPC.

(3.) After the trial the learned Sessions Court found that no case under Section 307 IPC was made out and acquitted accused of that charge read with section 149 IPC; but instead found all of them guilty under Section 325 read with 149 IPC. They were also found guilty under Section 323 read with 149 IPC and one under Section 141 IPC and sentenced as stated at the out set.