TEJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PRESENT appeal has been directed against the judgment dated 17.11.2012 passed by Second Additional Sessions Judge, Bhopal in S.T. No. 107/2012, convicting the appellants under Sections 452, 325/34 and 323/34 of the Indian Penal Code, sentencing them to rigorous imprisonment for two years with fine of Rs. 500/ -, rigorous imprisonment for three years with fine of Rs. 1000/ - and simple imprisonment for two months with fine of Rs. 500/ - on each count respectively. On the basis of compromise petition, appellants have been acquitted of the charge under Section 325/34 of the Indian Penal Code.

(2.) NOW appellants' conviction remains for offence under Sections 452 and 323/34 of the Indian Penal Code.

(3.) PROSECUTION produced witnesses Bhoora @ Jwala (PW1), Meena (PW2), Vinod Kumar (PW3), Umesh Singh (PW4), Dhan Singh (PW5), Suraj Bai (PW6), Dhanveer (PW7), Dr. Arun Ojha (PW8), Preetam Singh Head Constable (PW9) and Dr. Archana Shukla (PW10) to substantiate its case. In defence, appellants produced Fareed Uddeen (DW1) in respect of the plea of alibi of the appellants and Bhairav Singh (DW2) to set up the self defence. After appreciating the aforesaid evidence, trial Court acquitted the appellants of the charges under Sections 326, 324, 436 and 506 of the Indian Penal Code and convicted and sentenced them as mentioned above.