PUNNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against their conviction and sentence recorded by Addl. Sessions Judge, Guna in S. T. No. 53/85. Appellant No. 1 Punna and appellant No. 2 Premnarain have been convicted under Section 325/34, Indian Penal Code and sentenced to 2 years R. I. , while appellant No. 3 Lalaram has been convicted under Section 307, Indian Penal Code and sentenced to 5 years R. I.

(2.) THE prosecution case is that on 5-1-1985 in the night at about 10 p. m. all the appellants along with two acquitted co-accused, named Omkarlal and Komalsingh formed an unlawful assembly with common object of attempting on the life of Pyarelal and causing grievous injuries to Devilal. They were armed with Lathi, Luhangi and Kulahri. They were charged for the offence under Sections 148, 307/149 and 325 read with Section 149 of Indian Penal Code. Complainant Devilal s/o Harkishan, has two sons named Pyarelal (P. W. 2) and Ganpat (P. W. 3 ). Accused Punna s/o Chhutya, has four sons namely Omkarlal, Premnarain, Lalaram and Komalsingh. Both the parties belong to Ghosipura, distt. Guna.

(3.) THE prosecution story which emerges is that there was enmity between complainant-party and accused-party. On 5-1-1985 in the night at about 10 p. m. Pyarelal (P. W. 2) came out from his house to urinate whereupon accused Omkarlal told him as to why does he harass him. On this a wordy quarrel arose, Omkarlal abused him. Thereafter it is alleged that five accused-persons armed with lathi and luhangi came there, and accused Punna and Premnarain gave lathi blows to Devilal (P. W. 1), accused Lalaram gave an axe (Kulhari) blow on the head of Pyarelal (P. W. 2) with a view to kill him, accused Omkarlal and Komalsingh are alleged to have given lathi blows on the hands and legs of Pyarelal (P. W. 2 ). Pyarelal (P. W. 2) fell down and accused-persons then ran away from the spot.