SUNDERLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) L . The accused/appellants have been found guilty of an offence punishable under section 324/34 I.P.C. and sentenced to undergo rigorous imprisonment for one year each.

(2.) THE three accused/appellants along with two others, namely, Hariram and Hiralal, who have been acquitted by the trial Court, were charged for offences punishable under sections 147, 324/149 and 333/149 I.P.C. for forming an unlawful assembly with the common object of causing hurt to Narendrasingh, Nihalsingh and Raghvendrasingh; for causing simple hurt by sharp weapon to Nihalsingh and Narendrasingh and for voluntarily causing hurt to Raghvendrasingh, a public servant, to deter him from his duty.

(3.) THE prosecution case is that Raghvendrasingh Bhadoriya (P.W.1) is a Police constable. He was deputed on law and order duty at the site of Ramleela. At about 11 p.m., there was a dispute going on between the five accused persons on one side and Narendrasingh and Nihalsingh on the other, wherein Raghvendrasingh intervened. Accused Ramswaroop, Dataram, Sunderlal and Hiralal were armed with Farsas while accused Hariram was armed with a lathi. Narendrasingh and Nihalsingh suffered simple hurts and Raghvendrasingh also sustained simple injuries at the hands of the accused persons. Raghvendrasingh (P.W. 1) lodged the F.I.R. at 11.45 p.m. at P.S. Kailaras. The three injured were referred for medical examination. Dr. R.P. Agarwal round an incised wound on the right toe, an incised wound on the left palm, an abrasion on the right hand middle finger and a contusion over the left fore -arm lower side, on the person of Raghvendrasingh (P.W. 1) Nihalsingh (P.W. 2) was found to have suffered an incised wound on the right side of the head situated in middle, an abrasion on the right knee joint and a contusion on right elbow. Narendra Singh (P.W. 3) was found to have suffered an incised wound on the left side of head. There was no bony injury.