SANTSHARAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been filed by the appellants being aggrieved by the impugned judgment, finding and sentence dated 23. 03. 1999 passed by III Additional Sessions Judge, chhatarpur in Sessions Trial No. 48/95, whereby the appellants have been convicted under Sections 148, 324/149 and 342 of i. P. C. and sentenced to R. I. for 1 year, R. I. for 1 year and R. I. for 6 months, each respectively with the direction to run the sentences concurrently.

(2.) THE prosecution case in short is that on 01. 12. 1991 rajendra Prasad Tiwari submitted written report at outpost khaira Kala to the effect that Paggal told him that Santsharan, mijjaji, Ram Milan, Pawan, Bablu, Deepu and Ramesh are beating his brother Jagdish by ballam and lathies. He along with his mother and sisters went at the house of Santsharan. They knocked the door but no response was given. His brother was crying for help but the appellants did not open the door. He made the complaint to Bhupat Singh, village Sarpanch who advised him to lodge the report. On the basis of this written report, Crime No. 04/1991 under Sections 147, 148, 149, 342, 336 and 323 of I. P. C. was registered. Police came and recovered jagdish Tiwari from the house of appellant. He was sent for medical examination where he was examined by Dr. J. N. Pandey (PW-10) and found injuries on his person as mentioned in medical report Ex. P-15. Ratiram (PW-6) who also sustained the injuries on account of throwing brick pieces by appellants was also sent for medical examination and the injuries were found on his person as mentioned in medical report Ex. P-16. X-ray of Jagdish Tiwari was also done but no bony injury was found. Spot map was prepared. Statements of the witnesses were recorded. Accused persons were arrested. The weapons of offence were seized from the appellants. After completing the usual investigation, the charge sheet was filed in the Court of J. M. F. C. , Bijawar for the offence triable by Judicial Magistrate but learned Magistrate found that offence under Section 307 of I. P. C. is prima facie made out hence committed the case on 10. 03. 1995 to the sessions Court for trial.

(3.) ACCUSED persons were charged under Sections 148, 342 and 307/149 of I. P. C. They abjured the guilt and claimed to be tried mainly contending that they are innocent and have been falsely implicated. Prosecution examined as many as 11 witnesses and placed the documents Ex. P-1 to Ex. P-16 on record. The accused persons also examined one witnesses in their defence. After considering the evidence trial Court found them guilty under Sections 148, 324/149 and 342 of i. P. C and sentenced thereunder as stated hereinabove in para no. 1 of this judgment. Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred on the grounds mentioned in the memo of appeal.