KANHAIRAM AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 24.11.2003 passed by fourth Additional Sessions Judge, Shivpuri in S.T. No. 149/2001, whereby each of the appellant has been convicted of offence under Section 326 read with Section 34 of IPC and Section 325 read with Section 34 of IPC and sentenced to five years rigorous imprisonment with fine of Rs.1000/- and two years rigorous imprisonment with fine of Rs.500/- respectively.

(2.) Facts of the case, in short, are that on 08.04.2001 at about 08:00 AM in the morning the complainant Bhogiram (PW-4) was working in his field at village Ramgarh. He saw that the appellant Kanhairam was making a boundary by encroaching his land and, therefore, he prohibited the appellant Kanhairam. In the result, after some time, the appellants Kanhairam having a Luhangi, Bhura having a Ballam and Kenchu @ Balwant Singh having a Farsa along with others came to the spot and started assaulting the complainant Bhogiram. Appellant Bhura caused a blow of Ballam of left chest of the complainant Bhogiram, whereas appellant Kenchu @ Balwant Singh assaulted him with a Farsa on his head and appellant Kanhairam assaulted Bhogiram with a Luhangi on his right shoulder. When Buddharam (PW-5) came to save the complainant Bhogiram then appellant Kanhairam assaulted him with a Luhangi on his left thumb and appellant Kenchu @ Balwant Singh assaulted him with a Farsa on his head. The complainant Bhogiram remained lying at the spot for a longer period, thereafter he was taken on a cot and, thereafter ASI Shri O.P. Yadav recorded a Dehati Nalisi Ex. P-7. The injured persons were sent for their medico-legal examination and treatment.

(3.) Dr. C.M. Gupta (PW-1) examined the complainant Bhogiram at District Hospital, Shivpuri and gave his report Ex. P-2. He found two incised wounds to the complainant Bhogiram on his head and one incised wound on his left chest, which was actually a stab wound. On breathing, air was coming out of the wound of the chest. One contusion was also found on the right shoulder of Bhogiram. Dr. C.M. Gupta, also examined Buddharam and gave his report Ex. P-1. He found three injuries to Buddharam of hard and blunt objects at middle portion of the head, back portion of left hand and right scapular region. Both the victims were referred for x-ray examination. Dr. M.L. Agrawal (PW-2) gave x-ray report Ex. P-3 of the complainant Bhogiram. A fracture was found on left fifth rib of Bhogiram. Similarly x-ray report Ex. P-4 was prepared by Dr. Agrawal of victim Buddharam. He found a fracture of left metacarpal bone. After due investigation, a charge-sheet was filed.