HARISINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision has been preferred by the applicants against the judgment dated 18-6-2004 passed by II Addl. Sessions Judge, Fast Track Court, Narsinghgarh in Criminal Appeal No. 17/2003 arising out of Criminal Case No. 370/2000, judgment dated 28-11-2002 passed by learned JMFC, Narsinghgarh, whereby affirmed the conviction of the applicants for the offence punishable under Section 326, 326/34 of IPC but modified the sentence. Instead of three years R. I. with fine of Rs. 750/- the applicant No. 1 Harisingh has been sentenced to R. I. for one year with fine of Rs. 750/- and applicants No. 2 Hanumantsingh, No. 3 Indarsingh and No. 4 Jagdishsingh have been sentenced to undergo R. I. for one year with fine of Rs. 750/- each under Section 326/34 of IPC.

(2.) THE learned Counsel for applicants Shri Mayank Upadhyaya, has submitted that prior to filing application for grant of permission to compound the offence, the complainant Ramsingh who is present today before this Court had also filed an application dated 10-5-2003 for grant of permission to compound the offences before the learned Lower Appellate Court. This application is available in the record and this Court has perused the same. Looking to these facts, there is no doubt that the complainant Ramsingh s/o Dayaram has amicably settled the dispute between the applicants and also filed application for grant of permission to compound the offences before this Court also.

(3.) IN brief the prosecution case before the Trial Court was that on 9-10-2000 at 5. 00 p. m. , complainant Ramsingh was going to his house from his field. At that time applicants were taking their bullock cart through his field which was objected by the complainant Ramsingh at which all of a sudden applicant No. 1 Harisingh taken out a Spear (Ballam) from the bullock cart and dealt a blow, causing injury at the wrist of right hand. Thereafter applicants No. 2 Hanumantsingh, No. 3 Indarsingh and No. 4 Jagdishsingh also reached over there and exhorted applicant No. 1. The complainant tried to run away towards his house but he was assaulted by the applicants by lathi. The matter was reported in the Police Station by the complainant. His report is Ex. P-2. In medical examination by Dr. R. Kumar (P. W. 5), injuries were found on the person of the complainant Ramsingh out of which injury No. 1, incised wound on the left forearm and injury No. 3 on right thumb and index finger were caused by sharp edged weapon and rest injuries were caused by hard and blunt object.