RAMJEEVAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Revision has been filed under Section 391 / 401 of CrPC against the judgment dated 25/09/2006 passed by Additional Sessions Judge, Chachoda, District Guna in Criminal Appeal No.300/2006 (filed by Ramjeevan) and in Criminal Appeal No.302/2006 (filed by Mahendra Singh), by which the conviction of the applicants under Sections 326 / 34 , 294 , 506-B of IPC and the sentence, as awarded by the Court of JMFC, Chachoda, District Guna by judgment dated 30/05/2006 passed in Criminal Case No.87/2004, has been upheld.

(2.) From the record, it appears that the applicants were granted bail by this Court by order dated 22/11/2006. However, applicant No.1 Ramjeevan did not appear before the office of this Court, therefore, in execution of perpetual warrant of arrest, applicant No.1 Ramjeevan was arrested and he was produced before the Court on 14/05/2009 and was sent back to jail for serving the remaining jail sentence. Thereafter, applicant No.1 Ramjeevan was never released on bail. Therefore, it appears that applicant No.1 Ramjeevan might have undergone the entire jail sentence.

(3.) The necessary facts for the disposal of the present revision in short are that on 17/12/2003 at about 11:00 in the night, the complainant Chandan was in his field and was guarding his crops and at about 11:00 in the night, he heard the barking of dogs. At that time, the applicants came there and they were armed with farsa and after abusing the complainant, they started assaulting the complainant because of old enmity. On hearing the shouts, Sarjan Singh and Daya Sankar came on the spot. After noticing the witnesses, the applicants ran away and while going back they also extended the threat to his life. On the report made by the complainant, the police registered the FIR Ex.P1 for offence under Sections 324 , 323 , 294 , 506-B / 34 of IPC. The complainant was sent for medical examination and his MLC report is Ex.P2 and X-ray report is Ex.P3. The spot map Ex.P4 was prepared. The applicants were arrested vide arrest memos Ex.P5 and Ex.P6. Their houses were searched as per Ex.P7 and Ex.P8 but the weapons of offence could not be recovered. The police after completing the investigation,filed the charge sheet.