SANGRAM & ORS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the accused persons under Section 374 of the Code of Criminal Procedure being aggrieved by the judgment and conviction dated 31.03.1997, passed by the first Additional Sessions Judge, Chhindwara in Session Trial No. 310/1995 whereby the appellants were convicted under Section 307/34 of IPC and sentenced for 7 years rigorous imprisonment for each with fine of Rs. 500/- and in default thereof, additional three months rigorous imprisonment.

(2.) The appellants were acquitted earlier by this Court vide judgment dated 25.07.2003 in Criminal Appeal No. 758/1997. However, the State of MP (respondent herein) preferred an appeal [SLP (Crl.) No. 2899/2004] against the said order before the Hon'ble Supreme Court. The SLP was decided on 20.10.2005. The Hon'ble Supreme Court, without going into the merits of the case, set aside the order passed by this Court with the direction to consider the matter afresh.

(3.) The facts of the case in brief goes to show that on 10.05.1995 at village Gumgaon, bull of the appellant Sangram damaged the crops of complainant-Jeewanlal Sahu. Mahawati (wife of the complainant Jeewanlal) raised objection and called Panchayat at about 9:30 pm on the same day. After that while Jeewanlal and his wife Mahawati were returning home, the appellant No.1 Sangram along with other coaccused persons assaulted Jeewanlal with rod and sticks. Complainant Jeewanlal (PW-2) received 14 injuries including some fatal injuries over his head which were dangerous to his life. FIR was lodged at Police Station Chand, District Chhindwara. After due investigation police filed charge-sheet against the appellants under Section 307/34 of Indian Penal Code.