BHARAT SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have filed this appeal, challenging their conviction U/S.394 read with Sec.397 of the IPC and sentence of RI for 07 years and fine of Rs.2000/-, in default of payment of fine to undergo RI for three months, passed by learned Sessions Judge, Dewas in ST No. 65/2006 judgment dated 7/5/2007.

(2.) According to the prosecution case, on 8/3/2002 in the evening at 7.30 p.m complainant Bherulal was preparing for cooking food in his hut situated in village Patlavada. At that moment appellants asked Bherulal for giving food to them, Bherulal served them food, thereafter appellants and acquitted co-accused Mangilal asked Bherulal about selling of gram crop and also directed him to stand up, thereafter Bharatsingh caught his mouth and Manoharsingh brought a lathi. He started beating him. Appellants also taken away Rs.1000/- from his pocket. Bherulal was shifted for treatment to Government Hospital, Dewas. The Assistant Surgeon sent the written report (Ex.P.9) to police station that injured was brought to the hospital assaulted by thieves as disclosed by his companions. On the basis of this report, police reached in the hospital and started enquiry in which it was found that appellants and acquitted co-accused Mangilal assaulted Bherulal and also looted cash of Rs.1000/-. Bherulal sustained fracture of right femur bone and end of humerus bone. Accused persons were nabbed and at their instance, Rs.1000/- was seized. On due investigation, charge sheet was filed against the appellants for commission of offence U/Ss.394/397, 351, 325 and 506-11 of the IPC.

(3.) The accused persons refuted the charges. They have examined two witnesses in defence. The learned trial Court, while acquitting accused Mangilal, convicted the appellants as mentioned herein above.