SUNIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.08.2005 passed in Session Trial No.206/2004 by the learned II Additional Sessions Judge (Fast Track Court), Harda, where the present appellant stood convicted under Section 324 of the I.P.C. Following his conviction, he has been sentenced to rigorous imprisonment for 1 year and fine of Rs.1,000/-, in default of payment of fine, additional simple imprisonment for two months.

(2.) In nutshell, the case of prosecution is that on 04.03.2004, at about 9:00 p.m., appellant and other coaccused persons namely, Raju @ Rajendra, Udaya @ Uday Singh, Ajay Singh and Vinod were joking and abusing each other. On taking objection by the brother-in-law of complainant, Braj Mohan (PW-1), they started abusing him, thereafter, complainant reached there. Appellant-Sunil inflicted grievous penetrated wound to the complainant, Braj Mohan. Appellant and other co-accused persons have also caused injury to the mother of the complainant and other persons. On the report of the complainant, Braj Mohan, Crime No.25/2004 was registered in Police Station Rahatgaon, District Harda.

(3.) During investigation, injured persons were medically examined. Statement of the witnesses were taken and after completing investigation, charge-sheet was filed before the concerned Magistrate against the appellant and four other persons. Case was committed to the Sessions Court as the case was exclusively triable by the Court of Sessions. The case was made over to the trial Court. The learned trial Court framed charges under Section 147, 148, 294, 307, 307/149, 324, 324/149, 323, 323/149 of the IPC. Contents of the charges were read over and explained to the appellant and other co-accused persons to which they pleaded not guilty and claimed to be tried.