ANIL DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 01.05.2012 passed in Sessions Trial No.218/1998. The appellant was prosecuted for commission of offence punishable under Sections 147, 148, 302, in alternate 302/149, 324 in alternate 324/149, 323/149 of Indian Penal Code. The trial Court held the appellant guilty for commission of offence punishable under Sections 302, 148, 324/149 and 323/149 of Indian Penal Code Cr.A. No. 1122/2012 and awarded sentence of life imprisonment, RI for one year, RI for one year and RI for three months alongwith fine of Rs. 1000/-.

(2.) Prosecution story in brief is that injured Brijesh Tiwari, who lodged the report, was coming from Raghurajgarh. At around 6 O'clock, his father, brothers Virendra and Dharmendra and other persons met him on the way. His brother Virendra Prasad told him that Anil Dubey had inflicted 2-4 punches to Dharmendra on an old enmity. He further informed that when his brother would come from Raghurajgarh he would commit 'marpeet' with him also. When they reached in front of Manja Hotel, Anil, Pramod and Bablu Singh abused them. Anil had a knife with him. He had inflicted a blow of knife on the chest of the deceased, due to which he fell down. Pramod inflicted a blow of knife at right hip and Bablu Singh inflicted a blow of knife at left shoulder of injured Brijesh Tiwari. Vinod and Jitendra inflicted injuries by lathies. Dharmendra had taken the deceased to Mangawan Hospital. Report Ex.P/11 was lodged at the police station. Police conducted investigation and filed charge-sheet against the appellants. The appellants abjured the guilt and pleaded innocence. The trial Court, after trial, did not find prove the charges under Sections 302, 147, 148 and 149 of IPC. However, the trail Court held the appellants guilty for commission of offence punishable under Sections 324/34 and 323/34 of IPC and awarded sentence as mentioned above in the judgment.

(3.) Police filed charge-sheet against five accused persons. Four accused persons were tried in a separate trial. At that time, appellant was absconding. He was prosecuted subsequently. Other four accused persons were held guilty for commission of offence punishable under Section 324/34 and 323/34 of IPC and awarded sentence of RI six months and RI three months alongwith fine amount of Rs. 1000/- and Rs. 500/- respectively. Present appellant has been convicted for commission of offence punishable under Sections 302, 148, 324/149 and 323/149 of IPC.