KADIR KHAN Vs. RAJESH

JUDGEMENT

(1.) THIS appeal has been preferred under Section 372 of Cr.P.C. against the judgment dated 18th January, 2014 passed by Second Additional Sessions Judge, Ganj Basoda, District Vidisha in Sessions Trial No. 308/2011 whereby respondents No. 5 and 6 have been acquitted from the charge of offences punishable under Sections 294, 147, 148, 341/149, 307/149, 324/149 and 323/149 of IPC and all remaining respondents were acquitted from the charge of offences punishable under Sections 294, 147, 148, 341/149, 307/149, 324/149 of IPC. However, the respondents No. 1 to 4 have been convicted under Sections 326/34, 324/34 (on two counts) and 323/34 of IPC (on two counts). They have been sentenced to undergo rigorous imprisonment for three years each with fine of Rs. 500/ - each for the offence punishable under Section 326/34 of IPC in default of payment of fine to further undergo rigorous imprisonment for three months each, one year rigorous imprisonment each with fine of Rs. 250/ - for the offence punishable under Section 324/34 of IPC (on two counts) and in default of payment of fine to further undergo one month rigorous imprisonment each and for the offence punishable under Section 323/34 of IPC (on two counts), they have been sentenced to undergo three months rigorous imprisonment.

(2.) PRESENT appellant Kadir Khan is one of the victim. This appeal has been filed to set -aside the impugned judgment and to convict all the accused persons and also to enhance the sentences awarded.

(3.) BRIEF facts of the prosecution story is that the complainant Delan Singh lodged a report at village Police Station Teonda which is subsequently registered at Police Station Ganj Basoda. As per the report on 27th October, 2010 at about 12.00 noon. he received a message that accused persons are causing injuries to Dhiraj Singh by fists and kicks. Accused Sitaram caused injury by axe. Delan Singh informed this to Kadir Khan. Kadir Khan went to the spot with a jeep. He was to take injured Dhiraj Singh from village Devipur to Police Station for lodging a report. The accused persons armed with weapon like talwar, farsa surrounded the vehicle and started abusing him. They also assaulted Kadir Khan by talwar, farsa etc. Kadir Khan sustained injuries. Shriram Yadav and Pahad Singh attacked with farsa. Farsa hit by Pahad Singh caused injury to his left thumb. Sitaram also gave blows by axe which caused injury in the right palm and on the head over the ear. When Saina Bee, wife of Kadir Khan and Sagir Khan, brother of Kadir Khan came to rescue him, Lallu Yadav and Raghunath Yadav came to the scene and shouted " maro salo ko jan se kaatam kar do". Sagir khan and Saina Bee also sustained injuries. Bhura Khan, Bhairam Yadav, Saudan Singh, Majhar Khan and others came and separated the accused persons.