MATHURA & ORS Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 08/01/2005 passed by Additional Sessions Judge, Sheopur in S.T. No. 107/2003, whereby, each of the appellant has been convicted of offence under section 307 Part II r/w section 34 of IPC and sentenced to seven years rigorous imprisonment with fine of Rs. 1,000/- each.

(2.) Facts of the case, in short, are that on 21/11/2002, the complainant Girraj (PW-1) had lodged an FIR at about 16.05 hours at police station Sheopur that at about 2 Pm he was working in his field situated at village Dubdi, police station Sheopur, suddenly, the appellants came to the spot and started quarreling. The appellant Ramswaroop had Gandasi, appellant Kalyan had an Axe and remaining appellant had a stick. The appellant Ramswaroop gave a blow of Gandasi on the head of the complainant Girraj (PW-1), whereas, appellant Kalyan gave Axe blow on his left temple region. The appellant Mathura gave a blow of stick causing injury on left shoulder and his left neck. Thereafter, on shouting, the witnesses Ramnarayan (PW-2) & Ramesh (PW-3) came to the spot and saved the complainant Girraj (PW-1). Thereafter, the appellants ran away. They had also threatened the complainant Girraj (PW-1) that he would be killed in the future. On lodging FIR complainant Girraj (PW-1) was sent to the District Hospital, Sheopur where Dr. M.S. Sagar (PW-5) had examined him and gave a report Ex. P-13. He found four injuries to the victim. One was on middle of his head caused by hard and blunt object. Second was on left side of his head caused by hard and blunt object. Two contused wounds were found on left shoulder and left face respectively. For injury of head and temple region, the complainant Girraj (PW-1) was referred for radiological examination and he was also referred for his better treatment to J.A. Hospital, Gwalior. Dr. Avinash Sharma (PW-7) examined the complainant Girraj (PW-1) at J.A. Hospital, Gwalior and found that his injury on the head was found stitched. However, an operation was required, therefore, they opened the wound and some pieces of bone were taken from the head. Meninges was also found damaged. The patient was kept in a hospital for a longer period. His left portion was paralyzed due to that injury. On C.T. Scan, it was found that there was injury on the right side of the brain. After due investigation, charge sheet was filed and the case was committed to the Court of Sessions and ultimately, it was transferred to Additional Sessions Judge, Sheopur.

(3.) The appellants abjured their guilt. They took a plea that the complainant Girraj (PW-1) along with Ramesh, Ramnarayan, etc. entered in the house of Ramswaroop and his brother and pelted stones on the ladies of the house and thereafter, false complaint was lodged. In defence Constable Lekhram (DW-1) was examined to prove the counter FIR. Parasram (DW-2) was also examined as eye-witness.