LALJEE AND EIGHT Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have preferred this appeal challenging their conviction and order of sentence passed by Additional Sessions Judge, Rewa in S.T. No. 99/97, decided on 18.11.99.

(2.) Appellant No. 1 Laljee has been convicted under Section 148, 324, 323 read with Section 149 of IPC and sentenced to rigorous imprisonment for one year for the offences under Section 148, 324 of IPC respectively and to rigorous imprisonment for three months with fine of Rs. 500/- under Section 323/149 of IPC, while the other appellants No. 2 to 9 have been convicted under Section 147, 324 read with Section 149 and 323/149 of IPC and sentenced to rigorous imprisonment for three months, one year and three months each with fine of Rs. 500/- for the respective offences by the impugned judgment. All the sentences were directed to run concurrently.

(3.) According to prosecution, on 30.10.96 about 11 'O'clock in the morning at village Dagardua, when complainant Amritlal was harvesting paddy crop in his land bearing Khasra No. 91 and 92 alongwith his labours, appellants nine in number armed with weapons came there and raised an objection to cutting of the crop. Complainant Amritlal then told them that he is in possession of the land and case was pending in the High Court, one who wins will get the land, then appellants began assaulting him by means of lathi, spade, sickle and katta causing injuries near his right eye. They also fired katta on his labour Jagannath causing firearm injuries. Ramesh, Siyadulari, and Satyaprakash also sustained injuries in the incident. Upon hue and cry Vishwanath Singh, Shivendra Tiwari and others came to their rescue. Out of fear complainant Amritlal did not go to Police Station Garh for lodging the report, however, he reported the matter at Police Station Civil Lines, which was recorded in the Rojnamcha. Injured Jagannath, Siyadulari, Satyaprakash and Amirtlal were sent for medical examination. Upon receipt of their medical reports and the X-ray report of injured Jagannath, offence was registered against the appellants at Police Station Garh and was investigated. Spot map was drawn. After due investigation, appellants were prosecuted under Section 147, 148, 149, 323, 307 of IPC and were put to trial.