RAHUL @ KALU Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed u/s. 374 of the Cr.P.C. against the judgment dated 31.8.2009 passed by 21st Additional Sessions Judge, Indore in S.T. No.287/2007 whereby convicted the appellant-Vishal for the offence u/s.307 and 323 of IPC and sentenced to undergo 5 years' RI and with fine of Rs.3,000/- with default clause and 3 months RI; and convicted the appellant-Rahul for the offence u/s. 307/34 and u/s. 323 of IPC and sentenced to undergo 5 years RI and fine of Rs.3,000/- with default clause and 3 months RI.

(2.) Brief facts of this case are that on 20.7.2007 at about 9 pm. there was a marriage procession of Pawan Sen. In that procession, Hitendra Sen, Dharmendra Sen, Bharat Maheshwari and appellant-Rahul @ Kalu and his brother Vishal were participating. When the Procession reached at Marimata Chouraha, appellants Rahul and Vishal were dancing. At that time, there was some altercation between the complainant Hitendra Sen and his friends. Thereupon, appellant Vishal has cuased injury to Bharat Maheshwari with knife on his right thigh and caused injury to Dharmendra Sen on the back side of skull, whereas appellant Rahul caused the injury with his belt. Hitendra Sen lodged the report. Bharat Maheshwari was taken to Noble Hospital and injured Dharmendra and Hitendra were also taken to the hospital. Final report was filed by the Police Station Sadar Bazar, Indore against the appellants.

(3.) On that basis, appellant-Vishal was charged for the offence u/s. 294, 307 and 506-B of the IPC, whereas appellant-Rahul was charged for the offence u/s. 294, 307/34, 506-B of the IPC. Appellants abjured their guilt.