RAMESH Vs. STATE OF MADHYA PRADES

JUDGEMENT

(1.) Appellants have preferred this appeal challenging their conviction and order of sentence passed by Second Additional Sessions Judge. Sidhi in S.T. No. 25/94, decided on 12.04.1999.

(2.) Appellants have been convicted under Section 326/149 of IPC for causing grievous hurt to Phoolmati @ Butali and sentenced to rigorous imprisonment for two years with fine of Rs. 300/-, in default further rigorous imprisonment for one month, under Section 323/149 of IPC for causing hurt to Rampratap and sentenced to imprisonment for six months, under Section 323/ 149 of IPC for causing hurt to Urmila Devi and sentenced to imprisonment for six months, under Section 458 of I.P.C. and sentenced to rigorous imprisonment for two years and under Section 147 of I.P.C. and sentenced to rigorous imprisonment for six months by the impugned judgment. All the sentences were directed to run concurrently.

(3.) According to prosecution, on the night intervening 19th and 20th Sept. 1993 at village Bhawkhad about 1:30 at night when complainant Rampratap was sleeping in his house, some five-six persons jumped into his courtyard from the roof of his house; on hearing the noise complainant Rampratap lit his torch and saw that appellants Ramkesh, Vishnudayal and Putlu Jaiswal @ Ramdayal were there with three other unidentified persons and they began assaulting him by lathi. First of all, appellant Vishnudayal gave a lathi blow over his hand with the result that his torch fell down, then appellant Ramkesh caught hold of his neck and appellant Vishnudayal assaulted him by lathi. His wife Phoolmati @ Butali rushed to rescue him, then appellant Putlu @ Ramdayal assaulted her by Balua on her face cutting her cheeks and nose. Complainant Rampratap shouted for help, then his daughter Urmila Devi came there, but she was also assaulted by the appellants and others. She got frightened and moved backwards, then appellants and other assailants gave several lathi blows to complainant Rampratap causing injuries on his right and left hands and in his scapular region. Upon hue and cry, appellants and the other assailants opened the door of the house and fled away. By that time several people of the village reached there and took the injured to the Police Station, where complainant Rampratap lodged the FIR. On the basis of his report, an offence was registered against the appellants and three other unknown persons and was investigated. Injured persons were sent for medical examination. Blood stained and plain earth was seized from the spot. During investigation, a twelve-bore gun alleged to have been carried by appellant Ramkesh along with his licence was seized from him. The Balua and lathi used in the commission of offence were also seized from the appellants and other co-accused persons. After due investigation appellants and three other co-accused persons were prosecuted under sections 147, 148, 149, 458, 307, 323 of IPC and were put to trial.