UMRAO Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant Umrao has filed this Criminal Appeal being aggrieved by judgment dated 1.3. 2008 passed by the court of the Second Additional Sessions Judge (Fast Track Court), Ganj Basoda in Sessions Case No. 261/2006 convicting the present accused Umrao under provisions of Sec. 397/34 while acquitting him from the charge u/s. 393/34 with seven years RI and fine of Rs. 1,000/- and in default of payment of fine three months additional imprisonment.

(2.) It has come on record that another accused Govind had filed appeal no. 232/2008 which has been withdrawn for Govind vide order dated 5.10. 2018 as he had completed his sentence.

(3.) As per the prosecution story case of the prosecution is that on 26.9.2006 a report was lodged at about 9:30 pm at Police Station, Basoda by complainant Dilip that when he was traveling on motorcycle along with his father Phool Chand to visit his brother in the hospital then when his motorcycle reached Banjari Mata then he had seen that two persons were sitting on either side of the road armed with lathi and as soon as motorcycle reached there such persons with a view to rob them had attacked them with a lathi. One lathi blow had hit Phoolchand who was a pillion rider. Thereafter he had accelerated the vehicle after it lost its balance for sometime and after some distance he had seen that his father had a lacerated wound on his lip which was bleeding and his two teeth had broken. They were having mobile and money and had they not escaped such money and mobile would have been robbed. He had seen accused in the light of motorcycle and he will identify them. After recording of FIR (Ex.P-5) injured was sent for medical, where MLC (P-1) was conducted on Phool Chand and Doctor had given report that there was a lacerated wound measuring 2 cm x 1 cm on the upper lip caused by hard and blunt object and Phool Chand had complaint of pain in right deltai region but there was no visible injury marks. Injury was on left incisor which was detached and it was bleeding and his gums were swollen. Fourth injury was caused to the right side incisor teeth which was loose but on its own place.