STATE OF MADHYA PRADESH Vs. KOMPU

JUDGEMENT

(1.) The order in this appeal shall also govern the disposal of Criminal Appeal No. 568 of 1986 filed by the State against judgment in the same session trial. The present appeal is for seeing conviction of the accused under Section 307/34 of the I.P.C. and for enhancement of their sentences awarded. The connected Criminal Appeal No. 556/86 is against the acquittal of the accused for the alleged offenced under Section 307 of the Indian Penal Code. The learned Sessions Judge, by Judgment dated 20th November 1984, acquitted the accused under Section 307 of the I.P.C. read with section 34 of the I.P. C. and instead convicted them under Section 325 read with Section 34 of the I.P.C. by sentencing them to undergo imprisonment till rising or the Court and fine of Rs. 500/- each.

(2.) The learned Counsel appearing for the State made some attempts to point out that the case against the accused under Section 307 of the I.P.C. was fully established by the evidence led by the prosecution. Much emphasis has been laid on the injury report and it is said that there are as many as 10 injuries on the person of complainant Radhikarani (P.W. - 1).

(3.) I have also heard the learned Counsel, appearing for the accused, who states that the judgment of the Learned Sessions Judge is well reasoned and based on due appreciation of facts which deserves on interference in appeal.