GUBRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the accused persons being aggrieved by the judgment dated 31.12.2001 passed by Additional Sessions Judge, Lakhnadon in S.T. No.24/2000, whereby the appellants were convicted and sentenced as under:- <IMG>JUDGEMENT_74_LAWS(MPH)2_2018.jpg</IMG>

(2.) The prosecution story in brief is that on 04.11.1999 at about 10:00 a.m., at village Madi, Police Station Lakhnadon, the complainant Maniram have got an information from his daughter-in-law Geeta that there was quarrel between the appellants and his younger brothers. To save them, the complainant Maniram reached on the spot. He saw that all the appellants were having axe and assaulting his brother Chandra Kumar and Sunna. Khem Singh @ Khimmu caused injuries to Lallo Bai W/o Maniram by axe. Bhujje and Antu inflicted head injuries to Chandra Kumar by means of axe. Sunna sustained neck injuries inflicted by the appellants by axe. The complainant tried to rescue his brothers then, the appellants threatened to kill him. He lodged FIR at Police Station, Lakhnadon against all the accused persons, which was registered for offence punishable under Sections 307 / 34 of the IPC. After investigation, charge sheet has been filed before the concerned Court.

(3.) Learned trial Court framed the charges under Section 302 in alternate 302/34, 307, 307/34, 323 and 323/34 of the IPC . The appellant abjured guilt and pleaded innocence. Learned trial Court after relying upon the testimony of Maniram (PW-1), Geeta Bai (PW-2), Bachanlal (PW-4) and Lallo Bai (PW-5) along with the medical evidence, convicted and sentenced the appellant as mentioned in para 1 of the judgment.