SHYAMLAL Vs. STATE OF M.P

JUDGEMENT

(1.) THE appellants have preferred the present appeal against the judgment dated 23.2.1999 passed by the learned Additional Sessions Judge, Seoni in S.T.No.131/1996, whereby the appellants were convicted for offence punishable under Section 324 read with section 34 of IPC and sentenced for 6 months rigorous imprisonment and also convicted for two counts charges of offence punishable under Section 323 read with section 34 of IPC and sentenced for 3 months rigorous imprisonment with fine of Rs.200/ -. Default sentence was also directed.

(2.) THE facts of the case, in short, are that, on 26.6.1995, at about 9 a.m., the appellants assaulted the victim Jhanaklal by various weapons like axe and sticks in the field of Village Bahmanwada, Police Station Ghansore, District Seoni. In the incident, Sukhram and Moolchand had also sustained injuries. FIR, Ex.P/1 was lodged by the victim Jhanaklal on the same very day. The victims were sent for their medico legal examination. Dr.N.A.Ansari (P.W.6) examined the various injured persons and gave his reports, Ex.P/3 to Ex.P/5. After due investigation, chargesheet was filed and case was committed to the Sessions Court because the counter case was also pending before the Sessions Court. Ultimately, it was transferred to the learned Second Additional Sessions Judge, Seoni.

(3.) THE appellants abjured their guilt. They took a plea that actually they were assaulted and a counter case was pending. Defence witnesses Delhan (D.W.1), Santram (D.W.2) etc. were examined.