KRIPAL SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) BEING aggrieved with the judgment dated 22.3.2013 passed by the Second Additional Sessions Judge, Astha District Sehore in ST No.90/2010 the appellants have preferred the present appeal whereby each of the appellant was convicted for the offence under Sections 148, 307/149 of IPC and sentenced with six months' RI and five years' RI with fine of Rs.5,000/ -, in default of payment of fine six months' RI.

(2.) THE prosecution case, in short, is that on 4.9.2009 at about 6:30 PM in the evening the complainant Ranjeet Singh (PW -1) left his house to the road at Village Gaajna. Near the tank of Jagannath Singh he found that some boys collected stones in the gutter prepared under the Prime Minister Employment Road Scheme. The victim Ranjeet Singh asked the boys as to why such stones were collected in the gutter and blocked it, then appellants Kripal Singh and Mahendra Singh assaulted him by a stone on his head due to which he sustained injuries on his head, forehead and nose. Thereafter other appellants came and they shouted to assault the victim. The appellants Prem Singh, Lakhan Singh and Jitendra Singh also assaulted the victim Ranjeet Singh by stones and kicks and fists. Lakhan Singh assaulted him by a stick on his back. On his shouting Gulab Singh (PW -5), Kumer Singh (PW -6) and Surendra Singh (PW -3) came to the spot. Vijendra Singh (PW -2) son of the victim came to the spot, then the appellants abused Vijendra Singh also. The victim was taken to the Civil Hospital, Astha. Dr. R.C.Gupta (PW -7) recorded the pre - MCL report of the victim and referred him to the Hamidiya Hospital, Bhopal. Head Constable Lakhan Singh (PW -12) had recorded the Dehati Nalishi Ex.P -1 from the victim at Hamidiya Hospital, Bhopal and the matter was registered. After due investigation, a charge sheet was filed before the committal Court and the case was committed to the Sessions Court and ultimately it was transferred to the learned Second Additional Sessions Judge, Astha.

(3.) THE appellants -accused abjured their guilt. They took a plea that a quarrel of Sarpanch Ranjeet took place with one woman and in the quarrel the victim raised a stone to throw upon that woman, but ultimately he fell on earth along with stone and his face dashed with the stone due to which he sustained injuries. In defence Santosh Singh (DW -1) and Constable Hukum Singh (DW -2) were examined.