BABULAL Vs. STATE OF M.P

JUDGEMENT

(1.) Both the aforesaid appeals have arose from the common judgment dated 12.5.1997 passed by the learned Additional Sessions Judge, Khurai in ST No.331/1995, and therefore now decided by the common judgment.

(2.) Each of the appellant has filed the present appeal being aggrieved with the aforesaid judgments whereby each of them was convicted for the offence under Sec. 324 read with Sec. 34 of Penal Code and sentenced with two years' RI with fine of Rs.250.00, in default of payment of fine, three months' RI.

(3.) The prosecution's case, in short, is that on 16.7.1995 at about 11:00 am the victim Rajaram was going to his grand-mother's house at Khurai. In the way he was standing on a square. The accused Jagdish, Munna and Sitaram appeared before him and accused Jagdish started quarelling with the victim. Thereafter accused Munna and Sitaram also abused him. Jagdish who had a big scissors in his hand assaulted the victim Rajaram by a scissors causing three injuries. On his shouting, his father Harprasad (PW-4) Ramkishan and Deviprasad came to the spot and thereafter the accused persons ran away. The victim had lodged an FIR Ex.P-1 at Police Station Khurai. The victim was sent for medico legal examination. Dr. Rakesh Bhardwaj (PW-9) examined the victim Rajaram and gave his report Ex.P-11. He found three incised wounds to the victim Rajaram. Out of them, first was on the left thigh, second was on the back and third was on the back of left thigh. It was also alleged that in saving the victim Rajaram, his brother Rakesh also sustained an injury on left thumb. Dr. Kailash Datt Dubey (PW-5) examined the victim Rakesh and gave his report Ex.P-5. He found an incised wound on his left thumb. Dr. Rakesh Bhardwaj also gave his opinion that the injuries caused to the victim Rajaram were dangerous to the life. Therefore, the case under Sec. 307 of Penal Code was prepared and the charge sheet was filed before the committal Court. Ultimately the case was transferred to the learned Additional Sessions Judge, Khurai after its commitment.