KUNJAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 7/5/1993 by the ASJ, Khurai, Distt. Sagar in S.T.No.42/1992, whereby each one of the appellants stands convicted and sentenced as under : Name of the appellants Convicted under Section Sentenced 307 read with to undergo RI for 2 years and to pay fine Section 34 IPC of Rs.1000/-, and in default, to suffer SI for 3 months. Kunjan 324 IPC to undergo RI for 2 years Singh 450 IPC to undergo RI for 1 year 323 read with Section 34 IPC to undergo RI for 6 months. 307 IPC to undergo RI for 4 years and to pay fine of Rs.2000/-, and in default, to suffer SI for 6 months. 326 IPC to undergo RI for 3 years and to pay fine Harnam of Rs.1500/-, and in default, to suffer SI Singh for 4 months. 450 IPC to undergo RI for 1 year 323 read with Section 34 IPC to undergo RI for 6 months. Chittar Singh 307 read with Section 34 IPC 326 read with Section 34 IPC 324 read with Section 34 IPC 450 IPC 323 read with Section 34 IPC to undergo RI for 1 year and to pay fine of Rs.500/-, and in default, to suffer SI for 1 month. to undergo RI for 2 years and to pay fine of Rs.500/-, and in default, to suffer SI for 1 month. to undergo RI for 1 year. to undergo RI for 1 year. to undergo RI for 6 months. 307 IPC to undergo RI for 4 years and to pay fine of Rs.2000/-, and in default, to suffer SI for 6 months. Devi Singh 324 IPC to undergo RI for 2 years 450 IPC to undergo RI for 1 year 323 read with Section 34 IPC to undergo RI for 6 months.

(2.) The prosecution story may be summarized as under :

(3.) On being charged with the offences punishable under Sections 307, 450, 324 read with Section 34 and Section 323 read with Section 34 of the IPC the appellants abjured the guilt. In the examination, under Section 313 of the Cr.P.C., A2 and A4 pleaded that they were not even present on the spot at the time of alleged occurrence whereas A1 and A3 stated that injury on Rambharat's forehead was caused by A3 by pelting a stone at the time when he was engaged in scuffle with A1. According to them, Rambharat in collusion with Dr. B.R. Agrawal (PW12), had created false evidence as to injuries.