ASHOK Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of Criminal Procedure has been preferred being aggrieved by the judgment, finding and sentence dated 13. 12. 1993 passed by the Third Additional Sessions Judge, chhindwara in ST No. 136/1992, whereby the appellants have been convicted under Section 307 read with Section 34 of IPC and sentenced to R. I. for five years with fine of Rs. 1000/- each, in default of payment of fine to undergo S. I. for three months.-

(2.) THE prosecution case in short is that on 8/9/1991 at about 8:30 PM when complainant Suresh was going to his house the appellants restrained him at pandurna and caused his Marpeet. Appellant Ashok inflicted axe blow whereas other appellants inflicted lathis blows, on account of which he sustained injuries and fell down. Thereafter he was carried to the police station where he lodged the report Ex. P-1. Rajaram (PW-2) and Ashfaque (PW-3) witnessed the incident. He was sent for medical examination and was examined by Dr. Vishveshwar (PW-8), who found injuries described in the medical report Ex. P-13. The Shandow baniyan of the injured was seized. Spot map was prepared. Statements of the witnesses were recorded under Section 161 of Cr. P. C. On disclosure statements of the appellants, weapons of offence were recovered from them. The seized articles axe and baniyan were sent for chemical examination to FSL, Sagar wherefrom report was received. As per the report, blood was found on these articles. After completing the investigation, the charge sheet was filed against the appellants in the Court of Additional Chief Judicial Magistrate, Pandurha, who committed this case to the Sessions Court for trial.

(3.) APPELLANT Ashok was charged under Section 307 of IPC whereas other appellants were charged under Sections 307/34 of IPC. They denied the guilt and claimed to be tried mainly contending that they have been falsely implicated. Prosecution examined as many as 9 witnesses whereas appellants did not examine any witness. After appreciating the evidence the trial Court found them guilty under Section 307 read with Section 34 of IPC. Being aggrieved by the judgment, finding and sentence the instant criminal appeal has been preferred on the grounds mentioned in the memo of appeal.