RAJENDRA SINGH Vs. STATE OF MP

JUDGEMENT

(1.) APPELLANT No. 1 Rajendra Singh has been convicted under section 307, IPC and appellant No. 2 Guddu @ Virendra Singh has been convicted under section 307 read with section 34, IPC and both have been sentenced to seven years' R.I. and fine of Rs. 5,000/- each.

(2.) AS per prosecution story, incident took place on 10.6.1997 at about 5.30 p.m. There was dispute between the parties about ownership of ghoora (place where dung is collected) and on the date of incident Brijmohan son of complainant Matadeen PW 1 and Ravindra PW 7 were loading the dung from that place. Father of appellant No. 1 Bhawani Singh was also claiming the ownership of that place. When Omprakash was loading the dung, appellant No. 1 Rajendra Singh armed with sword (talvar) and appellant No. 2 Guddu armed with lathi arrived at the place of incident and Rajendra inflicted three sword blows to Omprakash. Guddu also tried to give lathi blow but Bhavani Singh stopped it.

(3.) AT the outset, the submission of learned counsel for the appellants is that looking to the medical evidence and the injuries received by injured Omprakash, case does not come under section 307, IPC. At the best, appellants can only be convicted under section 326, IPC.