BADRI & ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been fined under Section 374 of the Cr.P.C. against judgment dated 28/03/1997 passed in Sessions Trial No. 282/1995 by learned I Additional Sessions Judge, Ujjain. The appellants have been convicted for an offence under Section 307 of the Indian Penal Code, 1860 and they have been sentenced to undergo 03 years rigorous imprisonment along with fine of Rs. 500/- with default clause to undergo 03 months further simple imprisonment in case fine is not deposited.

(2.) As per the prosecution case on 21/03/1995 at about 09:00 PM one Jeetu and Bari have assaulted on Gangaram who has received injuries over his face, neck, head and legs. A report was lodged by Babulal (Ex.-P/1) which was written by the Station House Officer Ramnath Bharddwaj (PW-12). The injured was referred to government hospital. He was examined by Dr. Abbas Ali and there were as many as eleven injuries received by the injured person.

(3.) He was treated by doctor and thereafter, based upon the statement of witnesses, the appellants have been convicted. It has been argued that based upon the testimony of Gangaram (PW- 13) and Babulal (PW-1), the appellants have been convicted and the trial Court has not considered the fact that the incident took place when there was completely dark and it was not possible to identify the assailants.