DINESH Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have filed this appeal against the judgment dated 15.11.2010 passed by Sessions Judge, Raisen; whereby, learned Trial Judge has acquitted appellants under Section 307 read with Section 34, 325/34, 506 IPC and convicted them under Section 294 and also under Section 323 read with Section 34 I.P.C and sentenced them to undergo simple imprisonment for one month and six months respectively and fine of Rs.500/- and Rs.1000/- respectively.

(2.) Prosecution case in nutshell is that on 20.7.2009, the complainant Kesri Singh (PW 2) lodged a report at Police Station Badi, district Raisen that when he was going towards village from his house, on the way in front of house of Vishal Singh Thakur, respondents/accused met him. They abused him and asked why the cow was driven away. Complainant Kesri Singh (PW 2) told them that as the cows were standing on the way, therefore, he was driving them away. On this accused Dinesh Thakur assaulted him with Baka on head and respondent/accused Rukmesh and Vinay gave him Lathi blows on the hands and legs. Complainant Kesri Singh cried then Vishal Singh Thakur and Surendra Singh reached the spot and intervened. Thereafter respondent/accused went away threatening him for life. Complainant Keshri Singh (PW 2) went to the Police Station but respondents/accused obstructed the way. Complainant Keshri Singh (PW 1) lodged report vide Ex. P-2). He was sent for medical examination. Dr. Devendra Singh Thakur (PW 1) examined him. Thereafter he was referred to Hamidia Hospital, Bhopal for further treatment. During the course of investigation statement of witnesses were recorded, Lathi was seized and vide Punchnama Ex. P-8 and P-7 respondents/accused were arrested. After investigation charge-sheet was filed under Section 307 read with Section 34 and Sections 325, under Section 323 read with Section 34 and Section 506 I.P.C.

(3.) Learned Trial Court framed the charge under Section 294, 506, 307 read with Section 34 I.P.C. Respondents/acsused abjured their guilt and pleaded innocence. Prosecution examined as many as 10 witnesses and respondents/accused did not examine any witness. Learned Trial Court found respondents/accused not guilty under Section 307 read with Section 34 I.P.C and Section 506 I.P.C. Hence, acquited the respondent/accused of these charges. Learned Trial Court found that respondents/accused were guilty under Sections 294 and 323 I.P.C and, therefore, sentenced them accordingly.