RATANLAL AND SHYAMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal against the judgment dated 30.1.1999 passed by the Third Additional Sessions Judge, Mandsaur in Sessions Trial No.212/1997, whereby the appellant Shyamlal has been convicted for the commission of offence punishable under Sections 326 and 324 of the IPC and sentenced to undergo six years rigorous imprisonment with fine of Rs.1000/- and two years rigorous imprisonment respectively with default stipulation. Appellant Ratanlal has also been convicted under Sections 326/34 of the IPC and sentenced to undergo for six years of rigorous imprisonment with fine of Rs.1000/- with default stipulation.

(2.) Brief facts of the prosecution case are that on 20.8.1997, at around 7 p.m., complainant Nandlal was sitting in front of his house situated at village-Budha. At the same time, his brother-in-law Ratanlal came there and abused him. He pelted stones on him, which hit his left hand. Meantime, Ganeshram s/o Nandlal came there and he pacified the dispute. After a while, Ratanlal along with his son Shyamlal came to the house of Nandlal. Shyamlal was equipped with knife. Both the accused persons surrounded Nandlal. Ratanlal punched Nandlal's head. During this, Ram Prhlad and Parmeshwar, nephew of Nandlal came there and rescued him. Then, Shyamlal gave a knife blow on the abdomen of Ram Prahlad and inflicted injury on the left wrist of Parmeshwar. After that, accused persons went away. At the time of the incident, witnesses Karu and Laxman were also present. Nandlal along with injured Ram Prahlad reached to the Police StationNarayangarh and he lodged First Information Report of the incident. On that basis, Crime No.83/1997 was registered at Police Station-Narayangarh, Distrcit Mandsaur. The injured persons were sent to the Primary Health Centre, Narayangarh for medical examination and treatment. During the investigation, the Police recorded the statement of the witnesses and prepared the spot map (Ex.P/1). The accused persons were arrested and weapons of the offence were also seized from them. The Police also recovered the blood stained shirt and baniyan of the injured. The seized articles were also sent for chemical analysis to Forensic Science Laboratory. After completion of the investigation, chargesheet was presented before the Judicial Magistrate First Class, Narayangarh, who committed the case to the Court of Sessions and ultimately, it was transferred to the Third Additional Sessions Judge, Mandsaur.

(3.) The appellants abjured their guilt and requested for trial of the matter. They have took the plea that Nandlal, Ganeshram and others beaten them and after that they have been falsely implicated in the present crime. They have examined Gangaram (DW-1) and Dr. P.N. Shrivastava (DW-2) in their defence.