CHAND PATEL Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed the appeal under Section 374 of the Cr. EC. against the judgment and order dated 4-7- 2000 in S.T. No. 111 /99 passed by learned IUrd Additional Sessions Judge, Dewas of the conviction and sentence under Section 307 read with Section 149 of the IPC for the rigorous imprisonment of 7 years and fine of Rs. 2,000/- and in default of payment of fine further RI of 6 months.

(2.) The prosecution case is that on 31-3- 1999 at about 2 p.m. in Village Nagda the appellants have caused the injury to complainant Mukut (P.W. 1) by lathi, fist and kicks causing injury on his head, hand and leg and the complainant was medically examined by Dr. S. K. Mundra (P.W. 13) who has found five injuries on his body and his report in Ex. P52. After the usual investigation, the charge-sheet against the accused persons was filed.

(3.) The appellants are not challenging the finding of the fact and the limited controversy raised by the appellants is that offence against appellants is made out only under Section 325/149 of the IPC and in view of the compromise filed, the appellants deserve to be acquitted.