MADAN Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have called in question the legality of the judgment and order passed by learned III Addl. Sessions Judge, Dhar, in the file of S. T. No. 183/1987, wherein learned Judge has convicted the appellants Ramchandra, Shrikrishna and Gopal under Sections 148 and 307 of the IPC and sentenced each of them to undergo RI for six months, seven years RI with fine of Rs. 1,000/-, in default of payment of fine, six months RI and also convicted appellants Madan, Leeladhar and Keshiya under Sections 147, 307 read with Section 149 of the IPC, sentenced each of them to undergo RI for four months, seven years RI and fine of Rs. 1,000/- each, in default whereof to undergo further RI for six months.

(2.) PROSECUTION case as unfurled before the Trial Court is that on 5-7-1988 complainant Ambaram was sleeping inside his hut situated in the field of Village Chandankhedi. In the night at 10 p. m. appellants Gopal, Shrikrishna and Ramchandra entered inside the hutment and beaten the complainant by knees. They were also asking him as to why he took his bullocks from their field, thereafter they dragged him out. The complainant told them that now in future he will not take bullock from their field, even then appellant Ramchandra caused injury by dharia on his left leg, below the knee. When his leg was not cut fully the appellant Gopal put wooden log under his leg and appellant Ramchandra took the axe from Gopal, chopped off left leg below the knee joint and appellant Shrikrishna chopped off right hand below the elbow joint by dharia. Appellant Gopal cut the nose of complainant by knife. Appellants Madan, Leeladhar and Keshiya were catching hold of the complainant. The complainant identified them in electric light. The complainant was assaulted because of old enmity with the appellants. While going the appellants took two starter of LTL Company. Complainant remained there for whole night and when his son Gajraj, brother Nathusingh and Radheshyam reached to his hut in the morning he disclosed about the incident. The chowkidar of Village Chandankhedi sent information of quarrel to the police station. Therefore, SHO, D. B. S. Chouhan reached in Village Chandankhedi and recorded report of Ambaram (Ex. P-l ). Ambaram was sent for medical examination to Public Health Centre, Sagore, where Dr. K. C. Mahajan examined him. His medical report is Ex. P-3 Dr. Mahajan referred the complainant for further treatment to M. Y. Hospital, Indore. During the course of investigation, spot map (Ex. P-4) was prepared and through seizure memo (Ex. P-5) blood stained earth and controlled earth alongwith blood stained pointed stones were seized. The appellants were arrested and in pursuance of their memorandum statements weapons were seized. On the basis of dehati nalishi (Ex. P-l) in P. S. Sagore, FIR was registered vide, Ex. P-17 and seized articles were sent for chemical examination. The report of FSL is Ex. P-18. After due investigation, appellants were charge-sheeted for the offences under Sections 148, 307 in alternative Section 307 read with Section 149 and 379 of the IPC.

(3.) THE appellants have denied the charges. According to them they were falsely implicated because of enmity. They have not examined any witness in defence. The learned Trial Court relying on the prosecution evidence, convicted the appellants as mentioned herein above.