MEHARBAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of the Cr.P.C., 1973 is preferred challenging the conviction under Sec. 326/34 of the IPC and sentenced to 05 years R.I. with a fine of Rs.2,000.00 with default stipulation of 01 month R.I. vide judgment dtd. 14/6/2024 passed in ST No.25/2023 by Additional Sessions Judge, Sushner, District Agar Malwa, M.P.

(2.) As per prosecution case victim Kamal (PW-1) resident of village Borkhedi, District Agar Malwa going to his field at 10:00 pm of 19/3/2023 on the way appellant/accused met Kamal and raised a dispute alleging that why he frequently have conversation with wife of Meherban. When Kamal denied then Kalu caught hold the Kamal and appellant Meherban pull off the pant of Kamal and cut the penis of Kamal by Knife and warned if he will talk to the wife of Meherban then he will be killed. Kamal (PW-1) fell down and got unconscious. In the morning brother of Kamal reached to the filed then Kamal told the incident to Radhe Shyam. Radhe Shyam took the Kamal for treatment to Govt. Hospital Sushner and First Information Report (Ex.P/1) was lodged at 10:54 am of 28/3/2023 at Police Station, Sushner, District Agar Malwa and a crime No.5/2023 was registered under Sec. 326, 323, 294, 506 r/w Sec. 34 of the IPC.

(3.) Appellant Meherban was taken into custody 3/3/2023 vide Ex.P/8 and Ram @ Kalu was taken into custody on 28/3/2023 vide Ex.P/9.