MOHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred the present appeal being aggrieved with the judgment dated 12.1.2000 passed by the Second Additional Sessions Judge, Seoni in ST No.36/1995whereby the appellant No.2 Sanju @ Sanjay has been convicted of offence under Sections 307, 323 of IPC and Sentenced to five years RI with fine of Rs.1,000/ -and six months RI, whereas the appellant No.1 Mohanlal has been convicted of offence under Sections 323, 307/34 of IPC and sentenced with the same sentence as directed against the appellant No.2 Sanju @ Sanjay.

(2.) THE victims Neelam Singh and Barati Lal have filed the compromise applications IA No.2716/15 and IA No.2717/15, which are also to be considered in the judgment.

(3.) THE prosecution's story, in short, is that on 11.11.1994 at about 6:10 PM victim Barati Lal (PW -3) was going to his house from a Paan shop at township of Seoni. In the way the appellants and their companions detained him. They were armed with sticks, farsa and other weapons. They assaulted the victim Barati Lal by sticks. In the meantime victim Neelam Singh (PW -2) came to save Barati Lal and appellant Sanju @ Sanjay assaulted him by a farsa causing a fatal injury on his right cheek and right hand. Appellant Mohanlal, his wife Kanti Bai and Triveni Bai also assaulted the victims. Victim Barati Lal had lodged an FIR Ex.P -2 within ten minutes of the incident. The injured persons were sent to the Hospital for their medico legal examination and treatment. After due investigation, a charge sheet was filed before the CJM Seoni, who committed the case to the Sessions Court and ultimately it was transferred to the Second Additional Sessions Judge, Seoni.