SALIKRAM VAISHYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of Code of Criminal Procedure, 1973 has been preferred by the appellant against the impugned judgment of conviction and order of sentence dtd. 7/3/2022 passed by IVth Additional Sessions Judge, Singrauli, District Singrauli (MP) in Session Trial No.73 of 2019 (State of M.P. Vs. Salikram Vaishya and others), whereby appellant has been convicted for commission of offence under Sec. 324 and 326 of IPC and has been sentenced to undergo rigorous imprisonment for 01 year and fine of Rs.500.00 for offence under sec. 324 of IPC and R.I. 7 years and fine of Rs.5000.00 for offence under sec. 326 of IPC with default stipulation. All sentences are directed to run concurrently.

(2.) The case of the prosecution as unrevealed in F.I.R, in brief, is that on 15/8/2019 at around 8.40 P.M. complainant Thakur Dayal Singh lodged F.I.R stating that today between 7/7/30 P.M., he had gone to bring items from shop. When he was coming back to his home, he saw Demanpati and his daughter-in-law Jagmanti quarreling with his daughter-in-law Sunita. His daughter-in-law asked them not to take their bullock through their agricultural field. They both abused and assaulted his daughter-in-law by means of punches. When he attempted to pacify the quarrel, Salikram Vaishya armed with a Balua (club) attached with sharp edged weapon came and assaulted him causing injuries on his head, forehead, left side of chest and fingures of left hand. It was further stated that when his son Rajkumar came for his rescue, he was also assaulted causing injuries on his right shoulder and left knee. Threat to do death was also extended. F.I.R Ex.P/1 was registered and same was scribed by A.S.I. A.K.Dubey. Injured Thakur Dayal was referred for medical examination. Dr. Vijay Pratap (P.W.4) medically examined Thakur Dayal Singh (P.W.1), Sunita (P.W.2) and Rajkumr (P.W.5) and after examining the injured Dayal Singh, he gave MLC report (Ex.P/3), X.-ray report (Ex.P/4), MLC reports of Sunita (Ex.P/5) and Rajkumar (Ex.P/6). He also gave query report Ex.P/7 and opined that fracture found on the left finger of Thakur Dayal is of temporary nature. In the course of investigation, Sub Inspector Ramji Sharma (P.W.6), prepared site map (Ex.P/2) and seized broken bangles from the spot and prepared seizure memo Ex.P/9. He recorded the statements of injured and eye witnesses under Sec. 161 of Cr.P.C. He arrested accused Salikram, Demanpati and Jagmanti and prepared arrest memos Ex.P/10 to Ex.P/12. He recovered battle axe from Salikram and prepared Ex.P/15. After investigation charge sheet was filed for commission of aforesaid offences before JMFC who, in turn, committed the case to the court of Sessions for trial

(3.) Learned Addl.Sessions Judge framed the charges against the appellant and co-accused persons for commission of offence under Ss. 294,323/34,326/34 and 506 of IPC with alternative charges. Appellant/accused refuted the charges and claimed to be tried.