STATE OF MADHYA PRADESH Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS judgment shall govern the disposal of Criminal appeal No. 2233/2000 and Criminal Appeal No. 324/01, both preferred by State of Madhya Pradesh against appellate judgment dated 30. 06. 2000 passed by Special Judge, Rewa in Criminal appeal No. 209/99 arising out of the judgment dated 09. 08. 99 passed by Judicial Magistrate First Class, Rewa in Criminal Case no. 502/97. Criminal Appeal No. 324/2001 is against acquittal of the respondents no. 1 to 4 under Section 323, 324/34 and 325 of IPC whereas Criminal Appeal No. 2233/2000 is for enhancement of the sentence imposed on respondents no. 2 to 4 by the impugned judgment.

(2.) RESPONDENTS no. 1 to 4 were tried for the offences under Section 323, 324/34 and 325/34 of IPC before Judicial magistrate First Class, Rewa. As per prosecution allegations, on 24. 6. 93 about 8 'o'clock in the morning, when complainant rajmani Dwivedi was going to his field at Kherwa alongwith his labourers Dongwa Kol and Khutiya Kol for putting soil in the field and reached near the house of the respondents, Heeramani Shukla intercepted and asked him not to put soil in the field. At the same time, the other respondents came there armed with farsa, lathi, danda and at the instigation of respondent Heeramani, respondent santosh gave farsa blow on the scalp of complainant Rajmani dwivedi. When he fell down, the other respondents also began assaulting him causing several injuries on his body with a fracture in his right ulna bone. The matter was reported to the Police. On the basis of written report lodged by complainant Rajmani, an offence was registered against the respondents at Police Station, semariya and was investigated. Injured Rajmani was sent for medical examination. After due investigation respondents were prosecuted under Section 341, 294, 323, 324, 325, 506-B/34 of IPC and were put to trial.

(3.) AFTER trial, learned Judicial Magistrate First Class, rewa convicted and sentenced the respondents for the offences under Section 323, 324/34, 325/34 of IPC by judgment dated 09. 08. 99 passed in Criminal Case No. 502/97.