KAMLESH YADAV Vs. STATE OF M.P

JUDGEMENT

(1.) THIS appeal is filed against the judgment dated 12.2.2004. Learned trial judge has convicted the appellants for commission of offence under Section 324/34 and Section 323 of IPC and awarded sentence RI for six and three months and fine of Rs.500/ - each.

(2.) THE prosecution story in brief is that on 16.8.2003 when Dauya Gond was grazing his goats and cows, they entered into the field of accused persons. When he was trying to take away the cows and goats from the field. Kamlesh Yadav and his brother armed with tangi and lathi came there. Thereafter Kamlesh had inflicted a blow on his head by tangi and his brother had inflicted a blow by lathi. A report of the incident was lodged at the Police Station. Thereafter, he was examined by the Doctor and after investigation the Police filed the charge sheet. The trial court framed charges for commission of offence under Section 307 and Section 323 of IPC against the accused persons. The appellants abjured the guilt. After trial, the trial court found the appellants responsible for commission of offence under Section 324/34 of IPC and Section 323 of IPC and awarded jail sentence as mentioned above.

(3.) LEARNED Senior Counsel has submitted that the trial court has committed error in law in holding that the offence is made out against the appellants. Learned Senior Counsel has submitted that looking to the evidence on record and nature of the case the sentence be modified as already undergone.