AKIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants-accused have filed the appeal under Section 374 of the Code of Criminal Procedure against the judgment and order dated 9-10-2002 in Sessions trial No. 113/1998 decided by learned First Additional Sessions Judge, Khargone, Camp at Sendhwa of their conviction and sentence under Section 307/149 of the IPC for the RI of 5 years and fine of Rs.500/-; for offence under Section 324/149 for the RI of 3 years and fine of Rs.500/-; and under Section 14 of the IPC for the RI of 2 years and fine of Rs.500/-. In default of payment of fine, further RI for 1 year, 6 months and 6 months respectively. All the sentences to run concurrently.

(2.) The prosecution case is that on 8-4-1997 at about 4.00 p.m. when complainant Bharat Kumar (PW-1) with his mother Leelabai (PW-2), brother Naresh Kumar and father were sitting in their house at village Tagore Bedi, all the accused persons shouting - "that the Hindus should be killed" entered into the house of complainant Bharat Kumar (PW-1) and accused caused the injury by Sword to Bharat Kumar and also to his mother Leelabai (PW-2) and brother Naresh Kumar and ran away. Bharat Kumar (PW-1) Lodged the First Information Report (Ex. P/1) in the Police Station Sendhwa and the injured Bharat Kumar (PW-1), Leelabai (PW-2) and Naresh Kumar were sent for the medical examination to Primary Health Centre. Sendhwa where they were examined by Dr. Pramod Bhargava (PW-6) who has reported the presence of 2 incised wounds on the body of Bharat Kurnar (PW-1); one incised wound on the body of Leelabai (PW-2); and 4 incised wounds to Naresh Kumar vide his reports respectively Exs. P/11, P/ 12 and P/13 and it was opined by him that the injuries were caused within one hour by sharp object. Dr. Pramod Bhargava (PW-6) referred Bharat Kumar (PW-1) and Leelabai (PW-2) for the X-ray and after taking the X-ray, Dr. Yeshwant Mahale (PW-5) found the fracture of the tibia bone of the left leg of Bharat Kumar (PW-1) and compound fracture on the left leg of Naresh Kumar. Station House Officer S. R. Grewal (PW-10) recorded the statements of the accused persons under Section 27 of the Evidence Act and the Swords were recovered from their possession which were sent for the chemical examination and it was reported by the Chemical Analyst that the Swords were stained with blood. After the usual investigation, S. R. Grewal (PW-10) has filed the charge-sheet against the accused persons.

(3.) The learned Trial Court after recording the statements of 10 prosecution witnesses and 4 defence witnesses has held that the accused have committed the offences punishable under Sections 307/149; 324/149 and 148 of the IPC and they were sentenced as stated above.