SANJAY KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 09.04.1991 passed by the II Additional Sessions Judge, Rewa in Sessions Trial No.63/89 whereby the appellant Sanjay Kumar Mishra has been convicted under Section 307 and 324 of Indian Penal Code and appellant Shrinath Mishra under Section 307/34 and 324/34 of Indian Penal Code and sentenced them for 7 years R.I. with fine of Rs.1,000/-in default 1 year R.I. and 1 year R.I. respectively and the sentences to run concurrently.

(2.) The admitted facts are that Shrinath Mishra was the son of complainant Trilokinath. Ramesh Prasad is also the son of complainant Trilokinath. Sanjay Kumar Mishra is the son of Shrinath Mishra and grandson of Trilokinath.

(3.) The prosecution case is that complainant Trilokinath lodged the report at police station Chorahta on 19.02.1988 at 9:00 a.m. that a day before this incident the appellants were constructing their house on the government land which was previously owned by him and now in public use. He asked them not to construct the house on the government land bearing Khasra No.442 but they did not adhere to it. On the day of incident in the morning he was sitting on puja at the same time the appellants were abusing him. On hearing the abuses, he got up from the puja and refused not to abuse. On this, the appellant Sanjay Kumar Mishra armed with Farsa ran to struck him. Ramesh Prasad the son of complainant rushed to save him. Sanjay Kumar Mishra tried to inflict Farsa blow at the neck of Ramesh Prasad but struck his head consequently he fell down and became unconscious. When the complainant tried to catch the Farsa, it struck on his shoulder and on the dorsum aspect of palm. Shrinath Mishra was beating by Bedna (wooden stick) but the same struck on his son Sanjay Kumar Mishra. The incident was witnessed by Alua Mudha @ Triveni Kewat and by the women of complainant's family. On this report crime No.22/88 was registered under Section 307/34 at police station Chorahta at 9:45 p.m. Trilokinath and his son Ramesh Prasad were referred for medical examination.