GYANISINGH GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant/accused has filed this appeal u/S 374 of Cr.P.C. being aggrieved by judgment of conviction and order of sentence dtd. 27/2/2023 passed by 4th ASJ Shujalpur, Distt. - Shajapur in S.T. No.148/2020, whereby the learned trial Court has convicted the appellant for the offence punishable u/S 326 of IPC and sentenced him to undergo Rigorous Imprisonment for 05 years and fine of Rs.5,000.00, with default stipulation.

(2.) Prosecution story, in brief is that on 24/9/2019, at 03:00 PM, complainant Kamla Bai (PW-2) alongwith her son Sonu (PW-6) was going to her agricultural land. When they reached at the agricultural land of Laad Singh Keer, the present appellant Gyan Singh Gurjar carrying Lathi bearing iron ring and co-accused Laad Singh carrying Pharsi came there and started abusing them due to old animosity. The accused persons assaulted Sonu (PW-6) by their respective weapon on his head and other parts of body with intent to kill him. The injured sustained grievous injury. Hearing cries of Kamla Bai (PW-2) and Sonu (PW-6) from the neighboring farmland, Kanta Bai (PW-3) and Sharda @ Shanta Bai (PW-1) had come to intervene in the matter and tried to rescue the injured. Meanwhile, Indar came there and after seeing him, the accused persons had fled away from the spot. Injured Sonu (PW-6) was taken to hospital and the matter was reported by Kamla Bai (PW-2). An FIR (Ex.P-2) was lodged on the same day at O/P Polaykala. On the basis of FIR (Ex.P-2), on the same day, an FIR (Ex.P-13), crime No.203/2019 was registered at P/S Avantipur, Badodia, Distt. - Shajapur against the appellant and co-accused Laad Singh.

(3.) During investigation, medical examination of the injured was conducted at CHC Polaykala, by Dr. Prashant Madiya (PW-8). He was admitted in Vinayak Fracture Hospital, Sarangpur for 3 days, where Dr. Sunil Sharma (PW-9) had done his treatment. Thereafter, he was also admitted, Aurobindo Hospital, Indore from 3/10/2019 - 25/10/2019, where Dr. Rajiv Shukla (PW-15) had treated him. Medical documents were collected. Spot map was prepared. After completion of other formalities, charge-sheet for the offence punishable u/S 307, 341, 294 r/w 34 of IPC was filed against co-accused Laad Singh. The appellant was absconded. He was arrested on 11/2/2021. A Lathi used in the offence was recovered from him. Supplementary charge-sheet was filed against him. The matter was committed by concerned JMFC to Sessions Judge, Shajapur. Thereafter, the matter was made over to the learned trial Court.