KHEMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been preferred by the appellants being aggrieved by the impugned judgment, finding and sentence dated 26/7/1999 passed by the First Additional Sessions Judge, chhindwara in ST No. 352/1995, whereby the appellants have been convicted under Section 325 read with Section 34 of IPC and sentenced to R. I. for two years with fine of Rs. 500/- each, in default of payment of fine, additional R. I. for two months.

(2.) THE prosecution case in short is that on 31/5/1995 at about 10:00 AM Vedwati Bai Lodhi lodged a report at Police Station chourai District Chhindwara to the effect that she resides at village machagora. She has given her land to Mohru and Sher Khan on 'batai'. On the date of incident at about 7:00 AM her 'bataidar' were ploughing the field. She was also with them. Appellants came there and prevented to plough. She tried to convince them, but they started causing marpeet. Khemlal and Neelkanth inflicted lathi blows, on account of which she sustained injuries and fell down. Mohru and sher Khan tried to intervene the matter, but Narbada inflicted ballam blow, which hit at his ribs. Neelkanth and Khemlal also inflicted lathi blows to Sher Khan, on account of which he also sustained injuries. Ramkrishna Lodhi and Momin Musalman witnessed the incident.

(3.) ON this information, Crime No. 76/1995 under Sections 307/34 of IPC was registered against the appellants at Police Station chourai. Injured persons were sent for medical examination to the primary Health Centre, Chourai where they were medically examined by the doctors who found the injuries on their persons as detailed in the medical reports. Thereafter they were referred to District Hospital, chhindwara for X-ray, where their X-rays were taken by Dr. D. Moitra (PW-10 ). In the X-ray of Vedwati, fracture of the left patella bone, and in the X-ray of Sher Khan, fracture of the right ulna bone was found. In the X-ray of Mohru, he found surgical emphysema with effusion on the right chest. Ballam was seized and the query was made to concerned doctor, who opined that the injury to Mohru could have been caused by this ballam. Spot map Ex. P-8 was prepared. The statements of witnesses were recorded under Section 161, Cr. P. C. After completing the investigation, the charge sheet was filed against the appellants in the Court of Judicial Magistrate First Class, amarwara who committed the case to the Sessions Court for trial.