SARDAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have preferred this appeal challenging their conviction and order of sentence passed by Additional Sessions judge, Begumganj, District Raisen in S. T. No. 210/98, decided on 5. 2. 99.

(2.) APPELLANTS have been convicted under Section 324/34 of IPC and sentenced to rigorous imprisonment for one year with fine of Rs. 1000/- each, in default simple imprisonment for three months by the impugned judgment. Appellants Sardar Singh, Ram prasad and Prahlad are further convicted under Section 341 of IPC and sentenced to fine of Rs. 500/- each, in default simple imprisonment for two months.

(3.) ACCORDING to prosecution, on 17. 7. 98 about 7 'o'clock in the morning at village Dehgaon, when complainant Babulal (hereinafter referred to as 'complainant') was returning from Kirana shop of Rajesh Seth and crossed the house of the appellants, they intercepted him on the way. Appellant Sardar Singh was armed with katarna, while appellants Prahlad and Ram Prasad were armed with lathi at the time; they began abusing the complainant. When complainant Babulal resisted, appellant Ram Prasad exhorted appellant Sardar Singh to tear off his head by katarna. Thereupon appellant Sardar Singh gave a katarna blow on the head of the complainant and appellants Prahlad and Ram Prasad assaulted him with lathi. Appellant Garjraj Singh also exhorted the other appellants to assault the complainant. As a result of assault, complainant Babulal sustained injuries on his scalp and back. Upon hue and cry, village Choukidar Kallu and others reached there. According to prosecution, appellants had attacked and assaulted the complainant with intent to kill him due to enmity. The FIR of the incident was lodged by complainant Babulal, on the basis of which an offence was registered against the appellants and was investigated. Injured complainant was sent for medical examination. His blood stained 'baniyan' was seized by the Police. 'katarna' and lathi used in the commission of offence were also seized at the instance of appellants Sardar Singh, Prahlad and Ram prasad respectively. After due investigation, appellants were prosecuted under Section 307, 341, 294, 324, 323, 109, 34 of IPC and were put to trial.