RAMNATH Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been filed by the appellants being aggrieved by the impugned judgment, finding and sentence dated 21. 04. 1999 passed by Sessions Judge, Rewa in Sessions trial No. 36/98, whereby the appellants have been convicted under Sections 323/34 of I. P. C. and sentenced to fine of Rs. 250/-each, in default of payment of fine R. I. for 2 months and also convicted under Section 325/34 of I. P. C. and sentenced to R. I. for 6 months each with fine of Rs. 100/-, in default of payment of fine R. I. for 1 month.

(2.) THE prosecution case in short is that on 04. 07. 1997 at 13:00 p. m. Ramesh Kumar Verma lodged F. I. R. at Police Station chorahta to the effect that agriculture land bearing Khasra no. 630 area 0. 63 acre was purchased by his father from ramnath Verma (appellant No. 1) at the cost of Rs. 5500/- prior to 14 years of the incident and they were in possession but mutation has not been effected. On the day of incidence at about 10:30 a. m. he and his father were cultivating this land, at the same time, appellants armed with lathi-danda came there, abused and caused their marpeet on account of which they sustained injuries. On this information Crime No. 98/97 under section 341, 294, 323, 506-B and 34 of I. P. C. was registered at Police Station Chorahta. Injured persons were sent for medical examination. They were examined by Dr. A. A. Siddiqui (PW-4) and found the injuries as detailed in medical report Ex. P-3 and Ex. P-4. On x-ray of Rampyare Verma linear fracture (left) fronto parietal region of skull and dislocation of coraco acrononia joint of shoulder were found. Spot map was prepared. Statements of the witnesses under Section 161 of cr. P. C. were recorded. Accused persons were arrested. Fardi was seized from accused Shivshankar. After completing the investigation, the charge sheet was filed under Section 341, 294, 323, 506-B and 307/34 of I. P. C. in the Court of C. J. M. , rewa who committed this case to the Sessions Court for trial.

(3.) ACCUSED persons were charged under Sections 325/34, 307/34, 294 and 506-Part-II of I. P. C. and accused Shivshankar was further charged under Section 307 of I. P. C. They denied the guilt and claimed to be tried mainly contending that they are innocent and have been falsely implicated. Prosecution examined as many as 7 witnesses and appellants also examined 3 witnesses in their defence. After appreciating the evidence trial Court found appellants guilty under section 323/34 and 325/34 of I. P. C. and sentenced thereto as stated hereinabove in para no. 1 of this judgment. Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred by the appellants on the grounds mentioned therein.