BENIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 31-3-2001 passed by First Additional Sessions Judge, Seoni in S. T. No. 2/2000 whereby each one of the appellants was convicted and sentenced as under:- <FRM>JUDGEMENT_198_MPHT2_2009Html1.htm</FRM> In addition, the appellant No. 2 Chainsingh also stands convicted under section 323 read with Section 34 of the Code and sentenced to undergo simple imprisonment for two months and to pay fine of Rs. 300/- and in default, to suffer si for 15 days.

(2.) PROSECUTION story, in short, may be narrated as under:-

(3.) IN addition to the offence of house trespass to commit offence punishable with life imprisonment, A1 was charged with the offences under sections 326 and 323 of the Code for causing grievous hurt to Bijanlal with an axe and simple hurt to Jasanbai by using blunt side of the weapon whereas charges of the offences under Sections 326 read with Sections 34 and 323 of the code for sharing a common intention to inflict grievous injury with an axe to bijanlal and for causing injuries to Bijanlal only with a lathi were framed against a2. They denied the respective charges. According to them, it was the complainant party that was aggressor and they had acted in self-defence. For this, attention was invited to the fact that both of them were subjected to medical examination with reference to a counter report (Exh. D-5) lodged by A2 against bijanlal and his companions.