GANGA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment passed by Additional Sessions Judge, shajapur in S. T. No. 118/93 on dated 4-7-1994 holding appellants guilty for the offence punishable under Sections 324 and 324 read with Section 34 of IPC respectively and sentenced them to pay fine in the sum of Rs. 1,000/- each, this appeal has been preferred.

(2.) SHORT facts of the case are, that, on 1-10-1992 at about 7:00 p. m. in the evening, when complainant Devilal was coming back from milk dairy, then he was intercepted by both the appellants, who were having canes in their hands both appellants caught hold of him, and uttered that, "you have beaten our nephew and now we will kill you", thereafter, appellant Ganga Prasad wielded a knife from his pocket and caused an injury on the back of the complainant, when complainant screamed, then his father Motilal came there, but appellants caused injuries to Motilal also. Jagannath, Devisingh Tilod, Jaswant Singh,kumer Singh and other persons also gathered there, and on their intervention matter was pacified. Then incident was reported to the police by way of First information Report (Exh. P-6 ). Injured persons were sent for their medical examination. During investigation one knife was recovered from appellant ganga Prasad by seizure memo (Exh. P-16), after getting discloser statement (Exh. P-18 ). Witnesses were also interrogated by the police under Section 161 of Cr. PC and thereafter, charge-sheet was filed.

(3.) BEFORE Trial Court appellants pleaded innocence and claimed false implication on account of previous enmity. They had also taken specific defence that on the date of incident also the complainant party was the aggressor and injuries to persons belonging to the family of the appellants were caused by them.