BAPULAL Vs. STATE OF MP

JUDGEMENT

(1.) Appellants have preferred this appeal under Section 374 of Cr.P.C. aggrieved by the judgment of conviction and sentence dated 31.10.04 passed by learned Additional Sessions Judge, Chachoda, District Guna in S.T.No. 72/ 99, whereby all the three appellants/accused have been found guilty for the offences punishable under Section 326 read with Section 34 of lPC and sentenced each of the appellants for 3 years R.I. with fine of Rs. 5,000/- and in default of payment of fine further ordered to suffer imprisonment of one year.

(2.) Brief facts of the case are that on 12.4.1997 at about 7 a.m. at village Penchi, the complainant-Rajendra Jain went to his field where all the appellants/accused assembled and started beating the complainant- Rajendra Jain by means of LOHANGI and FARSA, due to which, the complainant sustained grievous injuries on the leg and on the head. The matter has been reported to the Police Station, Chachoda, District Guna on which basis, the police has registered a case for commission of offence punishable under Section 325 and 506-B of IPC and sent the injured/complainant for medical examination. On medical examination, injuries on the leg were found to be grievous in nature. During investigation, statements of witnesses have been recorded, spot map has been prepared, accused persons have been arrested and the respective weapons used by them have been seized. After due investigation charge-sheet has been filed. Learned Magistrate has taken cognizance under Section 307 of IPC and committed the case for trial.

(3.) Accused/appellants abjured their guilt and their defence was of false implication.