RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Being aggrieved by the judgment dated 14/7/1990 passed by Additional Sessions Judge, Bhopal in S. T. No. 119/85 convicting the appellants under Section 307/34 IPC and directing to each of them for five years RI with fine of Rs. 2,000.00, in default, for further six months RI the appellants have preferred this appeal under Section 374(2) of Cr.P.C.

(2.) The facts giving rise to this appeal are that on dated 12/4/1985 at about 9.30 p.m. when one of the victims Ashok Kumar was sitting in front of his shop situated near Post Office at Bairagarh, the appellants came there abusing him with filthy and obscene languages appellants No. 1 Ramesh and No. 3 Ashok took out knives from their pocket while appellant No. 2 Reva Chand by means of sward assaulted the victim Ashok and caused injuries. When his brother Lachchhu came to rescue him, then he was also subjected to injury by the aforesaid means.The incident was reported to P. S. Bairagarh on registration of the offence both the injured were sent to hospital where on medical examination their MLC reports were prepared. Appellants were arrested and aforesaid implements were seized from them. On completion of the investigation the appellants were charge sheeted under Sections 307, 324 and 34 of IPC read with Section 25 of Arms Act.

(3.) The case was committed to the Sessions Court where charge under Section 307/34 of IPC was framed against the appellants.The same was denied by them on which the trial was held, in which the prosecution has examined as many as 8 witnesses while two witnesses were examined on behalf of the appellants in their defence. On concluding the trial the appellants were held guilty and sentenced, as said above.Hence this appeal.