DWARIKA PRASAD AND OTHERS Vs. STATE OF MP

JUDGEMENT

(1.) The applicants have called in question the judgment dated 17.8.2016 passed in Criminal Appeal No. 27/2016, by which the appellate Court (Addl. Sessions Judge), Seondha, District Datia has modified the judgment of sentence passed against the applicants, however judgment of conviction has been affirmed.

(2.) Briefly stated the facts are that on 19.12.2008 at about 9.30 am the present applicants are alleged to have dumped waste material in the drainage canal in front of the complainant's house for the purpose of making it convenient to cross the said drainage canal. On account of this act of the applicants, the complainant objected by stating that it will cause stench making it difficult for him to reside in the house. Due to this, a confrontation occurred between the applicants and the complainant leading to scuffle in which the complainant Matadeen and his son Lakhan sustained injuries including the injury on the head of complainant Matadeen caused by applicant No.3-Gopal by sharp cutting object. This incident was witnessed by Laxman Bundela, Balram Bundela and several other persons in the locality and eventually the police report was lodged which is Ex.P/5. After completion of investigation, police has filed charge sheet before the competent Court.

(3.) The charges were framed against the applicants for the offence punishable under Sections 294, 323, 323/34, 324, 324/34 and 506-B of IPC. Consequently, the prosecution witnesses were examined, although one of the witnesses, namely, Balram did not support the prosecution story and testimony of complainant Matadin was not recorded. Further, the defence put on by the applicant was that the complainant was the aggressor and the applicants had also lodged a report, in response to which the FIR in question was lodged. The trial Court after conclusion of evidence pronounced the judgment dated 9.2.2016 in Criminal Case No.215/2009 and concluded that the applicants are guilty of committing offences punishable under Sections 324, 323 read with Section 34 IPC and pronounced the sentence of three moths RI with respect to the applicants No.1,2 and 4 with a fine of Rs.1000/- along with default stipulation that in case of non-deposit of fine, these applicants will undergo an additional one month RI. Further, the applicant No.3 was convicted for the offence punishable under Section 324 IPC and was sentenced to one year RI with fine of Rs.1500/- with a default stipulation of one month additional imprisonment.