SARMAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed by the appellants being aggrieved by the judgment dated 28. 2. 2000 passed by the II Addl. Sessions Judge, Satna in sessions Trial No. 111/96 convicting the appellant No. 1 Sarman twice while one time to appellant No. 1 Dhanilal under Section 323 of IPC with a direction to undergo RI for six months for each of the count.

(2.) THE facts giving rise to this appeal in short are that on 5. 3. 96 one ramesh Kumar S/o Ram Kumar Kushwaha (PW1), the complainant accompanied with victim Lalbahadur (P. W6) and Dinesh Prasad (P. W. 3), all residents of village Podi came to Police Station Nagod and made oral report which was taken in the Rojnamcha Sanha (Ex. P 1-A), according to which at about 10 O' Clock when he was returning from his field, on hearing the alarm from the residence of Gulabchand he went to that side where Ramkaran, Ravikaran, Ramtahal, Ashok Kumar, Dhanilal, Rambali, ramdas, Sarman etc were sitting. Dhanilal and Ramkaran had `farsa' in their hands while accused Ravikaran was having rod and other accused were lashed with sticks. At about 12 O' Clock in the noon when they were trying to enter in the house of Gulabchand, on restraining them, they started beating by the aforesaid implements to the complainant party. Maksudan prasad and Ramji Pandey came to rescue the victims but by that time, the complainant Ramesh was subjected to a blow of rod by appellant No. 2 dhanilal, resulstantly, he sustained the injury with bleeding. The other accused including appellant No. 1 Sarman also caused him injuries by the aforesaid means by which he sustained the injury on different parts of his person. Simultaneously Lalbahadur was also beaten by the accused persons with the aforesaid means. Initially, the aforesaid report was written in the rojnamcha Sanha and the victim Ramesh Kumar, Lal Bahadur and one dinesh Kumar were sent to the hospital where after medical examination, their MLC reports were prepared. On receiving such reports, FIR (Ex. P/11)an offence under Section 147,148,149,323 and 325 of the IPC was registered against the present appellants and the other accused (since acquitted) on 23. 5. 96. After holding the investigation, the accused persons were charge-sheeted. On framing the charges, they abjured the guilt, on which the trial was held in which by extending acquittal to the other accused, the present appellants have been convicted as referred to above. The same is under challenged in this appeal.

(3.) IT is noted that as per averments of para-4 of the impugned judgment, one person of the present appellants party died in the alleged incident for which a criminal case for the offence under Section 302 and other connected sections of the IPC was registered against the complainant party and the trial of aforesaid both the cases were held simultaneously by the same court. As per contention of the appellants' counsel, some of the person who were prosecuted in the aforesaid case under Section 302 IPC, have been held guilty and convicted for the offence under Section 326 of ipc but he is not in a position to give any whereabouts of the appeal filed by the convicted accused of such other case.