MIHILAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have challenged their conviction and order of sentence passed by Second Additional Sessions Judge, Raisen in S.T. No. 166/1988, decided on 21.4.1993.

(2.) Appellants have been convicted under Section 307/34 of I.P.C. and sentenced to R.I. for three years with fine of Rs. 5,000/-each, in default, S.I. for six months by the impugned judgment.

(3.) According to prosecution, on 18.7.1988, at about 6' O'Clock in the evening, complainant Hari Singh was returning from Sodarpur market and was on his way back to home. Complainant Hari Singh was also accompanied by Shiv Prasad and Khilan Singh. When complainant Hari Singh reached near the 'nallah' between Sodarpur and Mawai, appellants interrupted him and appellant Harprasad alias Harkoo gave him an axe blow on his scalp with intent to kill him. Other appellant Mihilal also assaulted the complaint with the same axe, after taking it from appellant Harkoo. Appellant Mihilal chopped off the hands and legs of the complainant with the axe with intent to kill him. Then both the appellants fled away from the spot, under the impression that complainant Hari Singh was dead. When the villagers came to know of the incident, they reached there and carried him to village.