BADAM AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) By this Common judgment, the Cr.A. No.701/2004 filed by Badam, Gopal and Pappu and Cr.A. No.770/2004 filed by Mahendra Shall be decided.

(2.) These Criminal Appeals under Section 374 of Cr.P.C. have been filed against the judgment of conviction and sentence dated 29/9/2004 passed by Sessions Judge, Shivpuri in Sessions Trial No.45/2002 convicting the appellants for offence under Sections 307/34 and 325/34 of I.P.C. and awarding rigorous imprisonment of 7 years and fine of Rs.1000/- and rigorous imprisonment of 1 year and fine of Rs.500/- with default imprisonment.

(3.) The prosecution story necessary for the disposal of this appeal in short is that on 13/11/2001 the complainant Kanhaiya lodged a F.I.R. against the appellants and other co-accused persons alleging that his father is a Chowkidar and he was irrigating the land given in lieu of services of his father as Chowkidar. At that time, the appellants along with other coaccused persons came on the spot along with different arms and started assaulting the complainant party. The complainant party was requesting them not to assault them as they have already left the land allotted to the accused persons and it was alleged by the complainant party that they are irrigating the land allotted to them, but the accused persons continued with the assault as a result of which, the complainant and his father have received various injuries. On this F.I.R., the police registered the offence under Sections 147, 148, 149, 307, 324 and 323 of I.P.C.