DAMAJI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed under Sec. 374 (2) of the Criminal Procedure Code being aggrieved with the judgment and sentence passed by the 1st Additional Sessions Judge, Waraseoni District Balaghat in Sessions Trial No. 09/2003 by which the appellant has been convicted for the offences punishable under Ss. 148 and 325 read with Sec. 149 of IPC respectively and sentenced to undergo Rigorous Imprisonment of 04 months and 03 months and fine of Rs.500.00 on each count with default stipulations of imprisonment 15 days - 15 days.

(2.) Basically this appeal was filed by the six persons but during pendency of the appeal, appellant No. 1 namely Dmaji S/o Ghuranlal and appellant No. 6 Rama Ji S/o Ghuran Lal have expired, therefore, their appeal is abated.

(3.) The prosecution case in nutshell is that, in the intervening night of 24- 25/10/2002 victim Sursen was irrigating his field, regarding the irrigation, deceased appellant No. 1 Damaji, appellant No. 2 Virendra and appellant No. 3 Mangru Lodhi started abusing and threatened him to kill and started beating him with Lakdi and Khatwa as a result, the victim sustained injuries in his back, both hands legs and head. He tried to run but on 100 steps, appellants Surendra, Gopal and Rama Ji also started abusing him and threatened him to kill and assaulted victim with Lakdi and Khatwa and he sustained injuries. Avan Lodhi, Teman and Juganu Lodhi were the eyewitnesses and they provided him water and informed to victim's daughter Tijwan Bai who after receiving the information at 05:00 a.m. reached on the spot and found her father laying on the road. She putting her father on the bullock-cart brought to the Police Chowki Kherlanjhi where a report was lodged that was registered as Crime No. 02/2002 under Sec. 294, 323, 34 and 506 read with Sec. 34 of IPC. The victim was medically examined and as per the examination report, 22 injuries were found on the body of the victim and on X-ray examination in the right hand Radius Bone was fracture, in the same way in the same way Alna Bone was fractured. In the right leg, Tibia and Fibula bones were fracture and in the left leg no fracture was found.