BHAGATSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of Cr.P.C. has been filed by the appellants being aggrieved by the judgment dtd. 4/10/2023, passed by the learned Additional Sessions Judge, Badnagar, District Ujjain, in Sessions Trial No.13/2022, whereby the appellants have been convicted for offence under Ss. 323 and 307 of IPC for 01 year and 07 years R.I. with fine of Rs.500.00 and 2000/- and default stipulations.

(2.) The prosecution story, on 14/1/2022 complainant Shankarlal reported at P.S, Barnagar that at 9:30 in night, his son Ritesh and his nephew Krishna were sitting outside their house and at that time the appellants came and hurled abuses to them and said that not to sit there it is their land. The said incident was told to him, then his brother Golu has dialed 100 number and reached at appellant Bhagatsingh's house at that time the appellants' were standing outside of the house armed with lathi and then assaulted Rahul with the help of Lathi. Upon the said report P.S. Barnagar lodged an FIR at Crime No.16/2022 for the offence U/s 294, 323, 506, 34 of the IPC.

(3.) The police after following the due procedure, prepared the spot map, taken the statements of the witnesses, seized the articles, prepared the medical documents, arrested the accused persons and after due investigation filed the charge-sheet under Sec. 294, 323, 506, 307/34 of IPC. The matter was committed to the Court of sessions and made over to the learned Trial Court where upon the charges are framed under Ss. 294, 506-II, 323 and 307/34 of IPC. The appellants abjured their guilt and took a plea that they had been falsely implicated and prayed for trial.