GAJRAJ SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have challenged their conviction and sentence passed by Additional Sessions Judge, Khurai, District Sagar in S. T. No. 404/91 decided on 15. 2. 94.

(2.) APPELLANT Gajraj Singh has been convicted under Section 326 of ipc on two counts for voluntarily causing grievous hurt to Hariram and gangaram by farsa and sentenced to rigorous imprisonment for three years with fine of Rs. 2,000/-on each count, while appellant Ram Singh has been convicted under Section 325 of IPC on two counts for voluntarily causing grievous hurt to Himmat Singh and Mohan Singh and sentenced to rigorous imprisonment for two years with fine of Rs. 1,000/-on each count. Appellant ram Singh has been further convicted under Section 323 of IPC for voluntarily causing simple hurt to Hariram and sentenced to rigorous imprisonment for six months. All the sentences were to run concurrently.

(3.) ACCORDING to prosecution, on 15. 7. 93 at about 4 'o'clock in the evening at village Gambhiriya-Khurd, complainant Mohan Singh (P. W.-7) was informed by his son Anantram that appellant No. 2 Ram Singh was cutting babool tree in their field. Complainant Mohan Singh then came to the spot and objected, whereupon appellant no. 2 Ram Singh picked up a lathi and gave lathi blows to Mohan Singh. Upon hue and cry, Gangaram (P. W.-10), himmat (P. W.-2) and Hariram (P. W.-9) also reached there and tried to intervene. At that juncture appellant no. 1 Gajraj Singh also came there armed with farsa and gave farsa blow on the scalp of Gangaram (P. W.-10); hariram (P. W.-9) and Himmat (P. W.-2) tried to save him, then appellant no. 2 ram Singh struck them with lathi. As a result, complainant Mohan Singh, gangaram, Himmat and Hariram sustained grievous hurt. The FIR of the incident was lodged by complainant Mohan Singh at Police Station Khurai, on the basis of which an offence was registered against the appellants and was investigated. A written report of the incident was also lodged by one Gambhir singh. Injured Mohan Singh, Gangaram, Himmat Singh and Hariram were sent for medical examination and treatment. They remained hospitalized for several days. After due investigation, appellant and ten others were prosecuted under Section 147, 148, 149, 324, 325 and 326 of IPC. However, looking to the injuries of Hariram, the case was committed to the Court of session for trial of appellants and ten others under Section 307/149, 148, 324, 325 of IPC.