RAJU Vs. STATE OF M P

JUDGEMENT

(1.) Both the Criminal Appeals are arising out of the same judgment dated 07.10.1997 by which appellants were convicted and sentenced for offences in S.T. No.237/1994. The appellants in both the appeals are convicted and sentenced as under: tab baki

(2.) The prosecution case set into the motion after registration of an FIR against the appellants/accused persons as mentioned above in Police Station Makshi on a complaint lodged by Subhash Chandra (PW4).

(3.) As per prosecution story on 14.03.1992 near about 9:00 pm Subhash Chandra (PW4) was in the shop along with his father Ambarram (PW6), Kashiram, Ramlal and Munnalal Choudhary (PW7). Raju Tagar along with 3 other persons came to his shop. Raju has demanded a packet of cigarette but refused to pay the amount of the packet of cigarette then Subhash Chandra refused to give the cigarette then Raju started abusing him and entered into his shop and gave a stick blow to him. Kesariya and two others started pelting stones om him, when Ambaram tried to intervene, then he was also assaulted by Kesariya with stick and stone. Mother of Subhash - Sewanta Bai (PW5) also sustained injuries by stone. Thereafter they all entered into the house and somehow escaped from the controversy. On the next morning near about 7:00 a.m. they reached to the Police Station on a Tractor of Nandu and lodged an FIR against the accused persons.