RAMDHARI INDRABHAL PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant, though charged with the offence under Section 325 read with S.149 of the IPC, stands convicted under Section 325 of the IPC and sentenced to undergo R.I. for two years and to pay a fine of Rs.2,000/- and in default, to suffer S.I. for six months. THE corresponding judgment passed on 28.09.1995 by the Second Additional Sessions Judge, Rewa in Sessions Trial No.106/1990, is the subject matter of challenge in this appeal. By this judgment only, co-accused Shiv Bhajan, Tilakdhari, Badri Prasad and Ramsiya were acquitted of the offence punishable under Section 325 read with S.149 of the IPC. Admittedly, no appeal has been preferred by the State against the order of acquittal.

(2.) IN the light of the guideline laid down in Kewal Krishan v. Suraj Bhan AIR 1980 SC 1780, learned trial Judge, on the same day, delivered the judgment in the case registered as Criminal Appeal No.1352/1995 in S.T.No.17/1989 whereby Matukdhari, examined as PW8 in this case, and his sons namely Balmukund (PW1), Balkaran (PW4) and Chhotelal were convicted and sentenced for various offences. The appeal preferred against the judgment passed in counter case and registered as Criminal Appeal No.1352/1995 is also being decided by a separate judgment today itself.

(3.) UPON completion of the investigation, charge sheet in respect of the offences punishable under Sections 147, 148, 323, 324 and 325 read with S.149 of the IPC was presented against the appellant and the co-accused before Additional Chief Judicial Magistrate who committed the case to the Court of Session for trial.