GULAB SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of Cr.P.C. by the appellants being aggrieved by the judgment of conviction and sentence dtd. 3/11/2015, passed by learned Second Additional Sessions Judge, Sendhwa, District-Barwani, in ST No.134/2014, whereby the appellants have been convicted for the offence punishable under Ss. 324/34, 325/34, 323/34, 427 of IPC 1860, sentenced to undergo 1 year, 2 years, 3 months and nil R.I with fine of Rs.2,000.00, Rs.2,000.00 Rs.1,000.00 Rs.1,000.00 each with usual default stipulations.

(2.) As per the prosecution story, on 11/7/2014 at about 4.00 pm when complainant/Sakaram was sitting in his house the appellants/accused persons, who were going through the street by hurling abuses and on being enquired by the complainant appellant Gulab assaulted with sharp edged weapon (faliya) and caused injury on his head. When Raju came in rescue, appellant Narsingh assaulted him with blunt edge of the axe due to which he sustained injury. Further all the accused persons pelted stones over complainant and Raju due to which they sustained injury. Further allegation is that the accused persons also threatened to kill the complainant and pelted stones upon the complainant's house due to which the roof of the house got broken. Complainant Sakaram and Raju went to police Station and filed a report.

(3.) During investigation, spot map was prepared, statement of the witnesses were recorded. Accused persons were arrested, stones and weapons were recovered from the accused persons and their statements were recorded. After completion of investigation, charge-sheet was filed before Judicial Magistrate First Class, Sendhwa, District Barwani. On due consideration offence under Sec. 326 was added against the appellants. Thereafter, the matter was committed to Court of Sessions Judge.