BALLI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall govern disposal of both these appeals as they arise out of same sessions trial.

(2.) APPELLANTS have preferred these appeals under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgments dated 01.01.1997 and 17.01.1997 passed by Additional Sessions Judge, Umaria District Shahdol in S.T. No.11/1994, whereby the appellants have been convicted under Section 365 and 323 of the I.P.C. and sentenced to R.I. for 5 years and R.I. for 1 year respectively. Both the sentences shall run concurrently.

(3.) THE facts, in short, giving rise to this appeal are that on 12.07.1993, at about P.M., complainant Kuntibai (P.W. -2) was going for answering the call of the nature. These appellants alongwith Balli @ Ballhi (since deceased) had caught hold her and tried to take away her, at this juncture Motilal (P.W. -1) (husband of complainant) intercepted them, then appellants had assaulted him. Thereafter Kuntibai fled away from the spot and reached to her parental house. Compliant was lodged by Motilal (P.W. -1) at Police Station Pali, District Shahdol for the offences punishable under Sections 363, 366, 323, 354 of the I.P.C. against these accused/appellants.