BINDU AND ORS. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred the present appeal against the judgment dated 5.12.2007 passed by the learned 11th Additional Sessions Judge, Jabalpur in S.T. No. 42/2007, whereby all of them were convicted of offence punishable under Sections 294, 323/34 of IPC and sentenced to fine of Rs. 200/ - and rigorous imprisonment for one year with fine of Rs. 200/ - respectively, in default of payment of fine, further rigorous imprisonment for one month was also directed.

(2.) THE prosecution's case, in short, is that, on 21.12.2006, at about 8.35 p.m., the complainant Pawan Jharia (P.W.1) was present near his residence at Nai Basti, Subhasnagar, Ranjhi, Jabalpur. He had lent a sum of Rs. 500/ - to the appellant Bindu @ Raghvendra and thereafter, he was demanding the same from him. At about 8 p.m., he went to the shop of appellant Bindu @ Raghvendra to demand the amount. Bindu abused him with obscene words and started quarrelling with him. In the meantime, the appellants Nandu, brother of Bindu Jharia and Mahesh, father of Bindu Jharia also reached to the spot and started abusing him with obscene words. Thereafter, on exhortation done by appellants Nandu and Mahesh, the appellant Bindu gave a powerful blow of stick on the head of the complainant. The complainant sustained a deep injury on his head and blood started oozing from the wound. He was taken to the Police Station Ranjhi, where he had lodged the FIR, Ex.P/1. He was referred for his medico legal examination and treatment to Victoria Hospital, Jabalpur, where Dr. J. Arora (P.W.5) had examined him and gave his report, Ex.P/3. A lacerated wound was found on left side of his head, which was 7 X 2 inches in size and deep upto muscles. He was admitted in the hospital. After due investigation, a charge -sheet was filed before the JMFC, Jabalpur, who committed the case to the Court of Sessions and ultimately, it was transferred to 11th Additional Sessions Judge, Jabalpur.

(3.) ELEVENTH Additional Sessions Judge, after considering the evidence adduced by the parties, acquitted the appellants from the charge of offence under Section 307/34 of IPC but, convicted them of offence under Section 294 and 323/34 of IPC and sentenced as mentioned above.