LAXMI PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioners against the Judgment dated 10.07.14 passed in Criminal Appeal No.273/11 by learned Addl. Sessions Judge, Tikamgarh whereby the petitioners have been convicted under Section 452 of the IPC and sentenced to R.I. for seven days and fine of Rs.500/ - , arising out of judgment passed on 18.05.11 in Criminal Case No.2811/08 by learned JMFC, Tikamgarh.

(2.) The case of the prosecution is that on dated 16.05.05, the complainant Rakesh Kumar (PW.2) lodged a report to the effect that the petitioners at about 7 AM committed marpeet with him with the help of lathis. Complainant received injuries at his both hands and on back side. On hearing hue and cry of complainant, Smt. Lalla Bai (PW.4), Rajkumar (PW.5) came there , the petitioners also committed marpeet with them. At PS - Khargapur report was lodged and offence punishable under Sections 294,452,147,148,323,506 -B/149 of IPC was registered against the petitioners. Charge sheet was filed in the Court of JMFC, Tikamgarh. The learned trial Court framed charges under Sections 147,294,452,323/149,325 and in the alternate section 325/149 of IPC against the petitioner. The petitioners denied the charges and pleaded false implication.

(3.) In order to bring home the charges against petitioners the prosecution examined Dr.R.S.Rana (PW.1), Rakesh Yadav (PW.2), Rajaram (PW.3), Lallabai (PW.4), Rajkumar (PW.5), Bhaiyaram Yadav (PW.6), Hariram Yadav (PW.7), Sakhi (PW.8), Vimla (PW.9) ,Surendra Kumar Dwivedi (PW.10) and D.R.Ahirwar and placed FIR on record and exhibited the documents vide P/1 to P/36.