RAGHUNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of Criminal procedure has been filed being aggrieved by the judgment, finding and sentence dated 19. 01. 1994 passed by VIII Additional Sessions judge, Bhopal in Sessions Trial No. 135/86, whereby the appellants have been convicted under Section 307 read with section 34 of I. P. C. and sentenced to R. I. for 4 years each with fine of Rs. 200/-in default of payment of fine R. I. for 6 months respectively.

(2.) PROSECUTION case in short is that on 14. 11. 1981 at 12. 30 p. m. one bharat resident of Mugaliya Chhap lodged the F. I. R. at Police station, Bairagarh to the effect that his brother Veerbhan has gone to answer the call of nature. On hearing the cries of his niece geeta he awakened and rushed and saw that Raghunath, shankar, Jagannath, Ghisilal and Kanhaiya were assaulting veerbhan with Farsi, axe, Lathi and iron Salang. His brother sustained injuries on head, legs and feet. Raju, Kewal and several other persons have witnessed the incident. On this report Crime no. 261/81 under Sections 148, 149 and 326 of I. P. C. was registered. Injured was sent for medical examination to P. H. C. Bairagarh. Dr. K. C. Dodaniya found that the general condition of the patient was not good, therefore, the detailed examination of the injuries could not be done. He was referred to Hamidiya Hospital, bhopal for Medico Legal Examination and needful treatment. Dr. N. S. Ubeja medically examined him and found four incised wound and one lacerated wound as detailed in his medical report. Dr. K. N. Agrawal examined him and found traumatic amputation of left leg with the multiple injuries on right knee, right forearm and head and admitted in hospital. X-rays were also taken and Dr. Mrs. Rashmi Muttar found fracture of lower end femur, right tibia upper, fracture of upper surface tibia and fracture of both tibia and fibula and fracture of right parietal bone and in his skull. Map was prepared. Statements of the witnesses were recorded. Accused persons were arrested. The weapons of offence were recovered. After completing the investigation chargesheet was filed in the Court of J. M. F. C. , Bhopal from where the case was committed on 21. 08. 1986 to the Sessions Court for trial.

(3.) THE accused persons were charged under Sections 148 and 307/149 of I. P. C. They denied the guilt and claimed to be tried. Prosecution examined as many as 13 witnesses whereas the accused persons did not examine any witness in their defence. After appreciating the evidence trial Court acquitted three accused persons namely Shankar Dayal, Ghisilal and Kanhiram @ kanhaiya. These appellants were also acquitted from the charge under Sections 148 and 149 of I. P. C. but convicted under Section 307/34 of I. P. C. and sentenced as stated hereinabove in para No. 1 of the judgment. Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred on the grounds mentioned in the memo of appeal.