KAMAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Rai Singh has expired during the pendency of this appeal hence appeal against him has been abetted.

(2.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been filed by the appellant being aggrieved by the impugned judgment, finding and sentence dated 21. 04. 1999 passed by II Additional Sessions Judge, Sehore in S. T. No. 146/98, whereby the appellant Kamal Singh has been convicted under Sections 326/34, 324/34 and 323/34 of I. P. C. and sentenced to R. I. for 3 years with fine of Rs. 1000/- in default of payment of fine R. I. for 6 months, R. I. for 6 months and R. I. for 3 months respectively with the direction to run the sentences concurrently.

(3.) PROSECUTION case in short is that Sunar Singh r/o Village kadrabad lodged report at Police Outpost Shyampur on 13. 06. 1998 at 10:30 a. m. to the effect that at the time of incident the appellants came armed with farsi at his house and by abusing him said that his cattle (buffalo) had damaged the crop. The complainant asked him not to abuse and to carry the cattle to the Kanji House if any damage is caused. On this the appellants extended threats to kill him and inflicted farsi blow which hit at the heel of his left leg. Rai Singh inflicted farsi blow at the head of Rajendra. Hearing the cries Swaroop Kunwar Bai w/o of complainant Sunar Singh also came there to whom Rai singh inflicted farsi blow on the head on account of which she fell down on the ground. Kamal Singh inflicted farsi blow at his son Ramnath Singh which hit at his cheek. On this information crime No. 083/98 under Sections 323, 324, 294, 506, 34 of I. P. C. was registered at police outpost Shyampur vide Ex. P-5. The injured persons were sent to P. H. C. Shyampur for medical examination where they were examined by Dr. Jyoti Khare who found the injuries as mentioned in their medical reports. On the basis of Ex. P-5 F. I. R. was recorded at Police Station Doraha wherein Crime No. 140/98 under the same sections was registered against the appellants. Query regarding the injury to Swaroopkunwar Bai was asked which was replied that the injury was dangerous to her life if the patient was not treated. X-ray of swaroopkunwar Bai was also taken wherein the fracture of skull was found. Spot map was prepared. The statements of the witnesses were recorded. After completing the investigation the charge sheet was filed in the Court of j. M. F. C. Sehore who committed the case to the Sessions court for trial.