ADALIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 16-11-2002 passed in S. T. No. 560/2000 by 1st Addl. Sessions Judge, alirajpur, District Jhabua (M. P.), whereby convicted the appellants under section 307/34 of the Indian Penal Code and sentenced them to RI for seven years with fine of Rs. 100/-, in default of payment of fine amount they shall undergo additional SI for one month.

(2.) ACCORDING to the prosecution case, on 16-3-2000 in the evening at 5:30 p. m. , complainant Chhidu (P. W. 1) was sitting at the outskirt of Village vejada-Sakdi. Complainant returned back after attending "bhagoria" festival of their tribal community, at that moment appellants reached over there having "falia" and while saying that complainant was behaving like a proudy person and also asked him as to why he was sitting there; they assaulted him by "falia" causing injuries on back, right neck and back of the skull. Complainant fell on the ground and after some time his brother Kasia (P. W. 2), Girmitia (P. W. 5), ajma (P. W. 4) and Jagla (P. W. 3), alongwith Naval Singh, reached on the spot. The complainant disclosed about the incident to these persons and they took him to Police Station on the next day at 7:00 a. m. First Information Report (Exh. P-1) was lodged by Chhidu (P. W. 1 ). The police had registered the offence under Section 307/34 of the Indian Penal Code and under Sections 25 and 27 of the Arms Act. Dr. R. C. Panika (P. W. 6) medically examined the complainant and gave MLC report (Exh. P-l6 ). Complainant was referred to for further treatment and treated by Dr. R. Mandal (P. W. 8 ). Complainant Chhidu remained hospitalized from 17-3-2000 to 14-4-2000. Bed head tickets were proved by Dr. R. Mandal (P. W. 8), vide Exh. P-19. Appellants were nabbed and on due investigation charge-sheeted for commission of above mentioned offences.

(3.) APPELLANTS denied the charges and examined Gundia (D. W. 1) and bhim Singh (D. W. 2) in their defence of alibi. Learned Trial Court after recording the statement of prosecution witnesses and hearing both the parties, convicted the appellants as indicated herein above.