KANCHHEDI AND ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appeal is of the year 2004. Since no one is appeared on behalf of the appellants, hence, Shri Ajay Tamrakar, Advocate, who is Panel Lawyer of Legal Service committee, is appointed as amicus-curie to assist the Court. With the assistance of Shri Ajay Tamrakar, Advocate appeal is heard finally.

(2.) Appellants have filed this appeal against the judgment dated 10/06/2004 passed in Sessions Trial No. 196/200 The trial court held appellants guilty for commission of offence punishable under Sections 302, 302/34, 323 and 323/34 of IPC and awarded sentence of life and three months (two counts).

(3.) Prosecution story in brief is that on the date of incident at around 6.30 in the evening, Babulal was standing in front of his kirana shop accused Kanchhedi and Purshottam abused him and told that why he used to pass from his field. He defended about the said act thereafter Kanchhedi inflicted a blow of Ballam on the head of Babulal. He also inflicted injuries to Rakesh son of Babulal by Baka. Pursottam inflicted injuries on the right hand of the deceased. Wife of Babulal and his daughter-in-law Kamla came to save Babulal they had also beaten by the accused persons. Second incident had taken place near the house of Addhi @ Ajuddhi Patel. Bhoora Sahu had inflicted injuries to Ajuddhi Patel and other persons Gorabai, Pancho Bai and Prembai. Deceased Babulal himself lodged report at police station which is Ex. P/35. He was sent to Medical College, Jabalpur for treatment where he was died. Police conducted investigation and filed charge-sheet. Accused persons abjured their guilt during trial and pleaded innocence, however, the trial court held appellants guilty and awarded sentence. Four accused persons were tried out of four, two accused persons Kalyan and Bhoora were acquitted by the trial court.