DEVIDAYAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellants being aggrieved by judgment dated 10 th May, 2010 passed by the Court of 14 th Additional Session Judge, Gwalior in Sessions Case No. 47/2010, whereby appellant No.1- Devidayal S/o Govind and appellant No.2 Kailash S/o Birkha Kori have been convicted under Section 307/34 IPC with 4 years' R.I. and fine of Rs. 1000/- and in default of fine, 6 months additional R.I., whereas appellant No. 3 - Jeetu @ Deepak Kori has been convicted under Section 307 of IPC with 4 years' R.I. and fine of Rs. 1000/- and in default of fine, 6 months' additional R.I.

(2.) As per the prosecution case, Rinku Rai (P.W.7), complainant, is resident of Vinay Nagar Sector-2 and engaged in occupation of driving Maruti Van. His Maruti Van was engaged by the accused Jeetu Kori on hire and had not paid the hire charges to Rinku Rai. On 05.07.2009, Rinku Rai (P.W.7) had demanded hire charges, then Jeetu had refused to pay such charges and when on 05.07.2009 at about 10 pm, Rinku Rai (P.W.7) was standing alongwith his vehicle close to barrier at Kila Gate No.1, then Jeetu alongwith his father, Devidayal and Kailash had reached there. Jeetu had abused Rinku and had asked that he is demanding money and they have come to pay the hire charges and then had taken out a knife out of his pocket and had caused a stabbed wound in the stomach of Rinku. Thereafter, Devi Singh had hit Rinku with a stick in his head and Kailash with kicks and fists. In the meanwhile, Raju Goswami and Hemant had reached there when accused ran away.

(3.) On the report of Rinku Rai (P.W.7), R.C. Arya (P.W.9), Sub-Inspector, Bahodapur, had recorded Dehati Nalisi (Ex.P/6) and had referred him to hospital. Amar Singh (P.W.10) had prepared spot map (Ex.P/5) and had recorded statements of the witnesses and had arrested accused persons and had filed charge-sheet before the concerned Magistrate.