PANDU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal, presented under Section 374, of the Cr. P.C. is directed against the judgment dated 26-2-93 rendered by the Ist Addl. Sessions Judge, Khargone in S.T. No. 18/92 thereby convicting the appellant Deba under Section 323, and the appellant Pandu under Section 323/34 of the IPC and sentencing each of them to suffer R. I. of three months.

(2.) Briefly stated the facts of the case are that on 29-6-91, Chhigya and his brother Dhulia had gone to look after certain articles of Kedar in the field of Chigya situated in the village Hamirpura. One Remalsingh was already present there. Pandu came there. Deba followed him. The appellant Pandu caught hold of Remalsingh and Deba inflicted injuries on him. The matter was reported to the Police. On completion of the investigation the charge-sheet was filed under Section 307 IPC. In the course of time, the case was committed for trial. The appellant Deba was charged under Section 307, IPC whereas the appellant Pandu was charged under Section 307/34, IPC. Deba was further charged under Section 324, IPC to which the appellants pleaded not guilty. On evaluation of the evidence, the appellants were convicted and sentenced as above. Aggrieved by this judgment, the appellants have preferred this appeal.

(3.) I have heard Shri P. K. Gupta, learned counsel for the appellants and Shri Phadke, learned Panel Lawyer for the State.