RAMMANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed by the accused/appellants under section 374 (2) of Cr. P. C. being aggrieved by the judgment dated 30. 1. 1999 passed by 3rd Additional Sessions Judge, Rewa in S. T. No. 2/94 convicting each of them under Sections 147 and twice under section 323/149 of I. P. C. for causing injuries to Ramprakash as well as Ramashish with a direction to undergo for three months simple imprisonment with fine of Rs. 200/- separately in all three counts along with a direction that in default of depositing the fine amount they shall suffer further one month simple imprisonment for each count.

(2.) AS per case of the prosecution on 18. 7. 1993 at about 4. 00 o'clock in the Noon complainant Ramashish Mishra alongwith ramprakash and Manvati were present at their field of Tatehra, at the same time Rammani, Indramani, Indralok, Ramjeet, Kashi Raman, jagdish Prasad, Awdhesh Prasad and Ramgopal came there and on account of some previous dispute regarding the agriculture land they abused with filthy languages to Ramashish and Ramprakash and started their beating by means of stick, when Manvati came to rescue them, then she was also subjected to beating by stick. On hearing the shout of such quarrel the villagers namely Teerath Prasad and Bhaiyalal also came there and rescue the complainant party. Subsequent to incident the complainant party went to Police Station Garh and lodged the FIR (Ex. P. 3), on which an offence under Section 147, 148, 294, 323/149 of ipc was registered against the appellants. The injured persons were sent to hospital where their MLC reports were prepared, witnesses were interrogated, appellants were arrested and on completion of investigation they were charge sheeted for the offence under Section 147, 148, 294, 323 and 307 of IPC.

(3.) AFTER committing the case on framing the charges of aforesaid offence the appellants; abjured the guilty on which the trial was held. After recording the evidence on appreciation of the same by acquitting the appellants from the charge of Section 307 and the charge of Section 323 of IPC regarding injuries of victim Manvati they were convicted under Section 147 and 323/147 of IPC for causing simple hurt to the victims Ramprakash and Ramashish. The same is under challenged in this appeal at the instance of the accused/ appellants.