SUDESH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) VIDE judgment dated 24.2.2011 passed by the learned C.J.M., Dindori in Criminal Case No. 1130/2009, the applicants were convicted for offences punishable under Sections 324 read with Section 34 of I.P.C. and Section 323 read with Section 34 of I.P.C. and each was sentenced with one years rigorous imprisonment with fine of Rs. 500/ - and six months rigorous imprisonment. In Criminal Appeal No. 26 of 2011 the learned Sessions Judge, Dindori vide judgment dated 24.6.2011 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments passed by both the Courts below the applicants have preferred the present revision.

(2.) THE prosecution's case in short is that, on 15.7.2009 at about 8.30 a.m. in the morning the victim Ugrasen went to his field at Village Madiyaras, District Dindori to sow paddy. He went along with Uday Singh and Ramkali Bai. The applicants objected about the possession of the property and therefore, a quarrel started. Shyam Singh assaulted the victim Ugrasen by a sharp cutting weapon and thereafter, the remaining applicants assaulted him by sticks. When Uday Singh intervened, he was also assaulted by sticks by the applicants. The FIR Ex. P/9 was lodged in Rojnamcha by Ugrasen about the incident and he and Uday Singh were sent for their medico legal examination. Dr. B.S. Tekam (PW1) examined the victims Ugrasen and Uday Singh and gave his report Ex. P/1 and P/3. He found one incised wound on the forehead of victim Ugrasen and other injuries on his right thigh, right arm and right back whereas, Uday Singh sustained contused injuries on right heel, left thigh and left buttock. After due investigation, the charge sheet was filed.

(3.) THE learned C.J.M., Dindori after considering the evidence adduced by the parties convicted and sentenced the applicants as mentioned above whereas, the appeal filed by the applicants was dismissed.