RAMESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicants have preferred the present revision against the judgment dated 29.3.2012 passed by the learned 1st Additional Sessions Judge, Tikamgarh in Criminal Appeal No. 23/2010, whereby the respondent Nos. 2 to 6 were acquitted from the charges of the offences punishable under Sections 324 or 324/34 of the IPC, but convicted for five counts charges of the offence punishable under Section 323/34 of the IPC. The respondent Nos. 2 to 6 were punished by fine only and the jail sentence directed by the trial Court was removed.

(2.) THE prosecution's case in short is that on 2.12.2002 at about 3:00 p.m., the respondent Nos. 2 to 6 had tried to take tractor from the fields of the victim Barelal Yadav at village Bhadoura (Police Station Badagaon, District Tikamgarh). When, Mamta (PW -4) and Rameshwar (PW -5) objected to take the tractor from their fields then, the respondent Nos. 2 to 6 had assaulted them. When the complainant Barelal (PW -1) and his wife Rampi intervened then, they were also assaulted by the respondent Nos. 2 to 6. The victims were sent for their medico legal examination and after due investigation, a charge sheet was filed before the competent Magistrate.

(3.) THE learned JMFC after considering the prosecution's evidence convicted the respondent Nos. 2 to 6 for the offences punishable under Sections 324 or 324/34 of the IPC and sentenced for one year R.I. with fine of Rs. 200/ -. The respondent Nos. 2 to 6 were also convicted for four counts charges for the offence punishable under Section 323 of the IPC and sentenced for three months R.I. for each count and also directed, which was to undergo one by one. In appeal, the learned 1st Additional Sessions Judge acquitted the respondent Nos. 2 to 6 from the charges of the offences under Sections 324 or 324/34 of the IPC and convicted them for the fifth charge of the offence under Section 323 of the IPC. Their sentence was reduced to the fine of Rs. 1,000/ - for each count of charge under Section 323 of the IPC.