NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants, by preferring this appeal, have challenged their conviction under Sections 341, 323 and 325 read with Section 34 of the Indian Penal code and sentences passed by the learned addl. Sessions Judge, West Nimar mandleshwar by judgment dated 14-3-1995 in S. No. 121/93 thereby sentencing each of the appellants to pay a fine of Rs. 200/-, in default of payment of fine to suffer S. I. for ten days, fine of Rs. 300/-, in default of payment of fine to suffer S. I. for three months and R. I. for four years with fine of rs. 500/-, in defalt of payment of fine to suffer additional S. I. for six months, respectively.

(2.) THE prosecution case as unfurled before the trial Court is that on 13-9-92 in the evening at 4. 05 p. m. the complainant P. W. 2 gabru and his brother P. W. 3 Pratap were returning back in a bullock cart from their field and when they were passing through the field of appellant No. 1 Narayan who was sitting there, met them. Narayan objected to their taking of the bullock cart and abused them. Appellant Narayan dealt a blow from blunt side of axe on the head of Gabru and he was caught by appellants Bhuwaniram and Rewaram. The fourth accused rameshwar caught Pratap (P. W. 3) and he was also belaboured. The incident was reported by p. W. 2 Gabru vide First Information Report Ex. P/1. On the basis of this report, Crime No. 293 of 1992 for commission of offence punishable under Sections 341, 294 and 323 read with Section 34 of the Indian Penal Code was registered against the appellants. The Police took up investigation and sent Gabru and Pratap for medical examination. From complainant Gabru a broken pesticide spray machine was seized vide seizure memo Ex. P/4. Ex. P/6, memorandum of damage of property of the complainant was prepared and his Baniyan was also seized through seizure memo Ex. P/5. Spot map Ex. P/7 was prepared by the investigating Officer P. W. 4 Nawaz Khan Head constable at the instance of one Lakhan. The appellants were arrested and from the possession of appellant Narayan one axe was seized vide seizure memo Ex. P/12. P. W. 9 dr. S. K. Rawat medically examined complainant p. W. 2 Gabru and injured witness p. W. 3 Pratap. Their medical reports are Ex. P/16 and P/17. After completion of investigation, the appellants were charge-sheeted for commission of offences punishable under Sections 323, 325, 341 and 427 read with Section 34 of the Indian Penal Code.

(3.) THE appellants denied the charges and pleaded innocence. They have examined d. W. 1 Shambhu in defence who also sustained injuries in the same incident. The prosecution, in order to establish its case, examined as many as nine witnesses and adduced in total 17 documents. Learned trial Court, finding the appellants guilty, convicted and sentenced them as indicated hereinabove.