UMARIA @ UMRAO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Criminal Appeal No.431/2004 has been filed by the accused persons namely Umaria @ Umrao and Kamlesh, whereas Criminal Appeal Nos.1369/2004 has been filed by the State to set aside the judgment of acquittal from the charges punishable under Sections 307, 147, 148 and 149 of the IPC. Both appeals have been filed against the same judgment dated 25.02.2004 passed in Sessions Trial No.15/01 whereby the appellant no.1-Umaria @ Umrao was convicted under Section 324 of the IPC and sentenced to undergo R.I. for one year with fine of Rs.1000/- and appellant no.2-Kamlesh was convicted under Section 324 / 34 of the IPC and sentenced to pay fine of Rs.2000/-. We propose to deal with both the appeals analogously and dispose of by this common order.

(2.) The prosecution story in brief is that on 10.09.2000 at about 4.30 p.m. complainant Mannu Ahirwar lodged an FIR against the appellants namely Umariya @ Umrao and Kamlesh and other co- accused persons namely Tularam, Balkishan and Tulsiram at Police Station Hatta that they came to his house. They were demanding money as subscription from him. On refusal by him, on the next date at about 9:00 a.m., they entered in his premises armed with stick, farsa, ballam and axe and beaten Mannu by farsa, lathi and ballam. Co-accused Tulsiram inflicted blow by stone on him. Dayarani, wife of Mannu, and Pappu, son of Mannu, came there to rescue him. The accused persons also assaulted them. Mannu sustained head injury. Police registered offence punishable under Sections 147 , 148 , 307 / 149 and 324 of the IPC against the accused persons. After due investigation, charge-sheet was filed before the concerned Court.

(3.) After committal of the case, charges under Sections 147 , 148 , 307 , 307 / 149 , 323 and 323 / 149 of the Indian Penal Code have been framed by the learned Trial Court against the appellants. Appellants abjured guilt and stated that they are innocent and falsely implicated by the complainant party.