LALA GADARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Lala Gadari has been convicted under section 324/149 of the Indian Penal Code and sentenced to one year rigorous imprisonment, by the impugned judgment dated 29. 8. 1997 passed in Sessions Trial No. 135/1993 by the Additional Sessions Judge, Satna. The appellant has also been convicted under sections 147 and 323/149 of the indian Penal Code and sentenced to six months on both counts. The jail sentences have been ordered to run concurrently.

(2.) THE victim of the incident is Vinod (P. W. 1 ).

(3.) ACCORDING to the prosecution case, on 20. 11. 1992 at 7. 30 p. m. the appellant and four other co-accused persons resorted to rioting and in furtherance of their common object caused injuries to Vinod (P. W. 1 ). The appellant is said to have used an axe whereas the co-accused persons had allegedly caused injuries with their lathis. Out of four co-accused persons, three have been acquitted by the trial court and one has absconded. Viond (P. W. 1) lodged the first information report, Ex. P1, on the next morning at police Station Jasso District Satna. Vinod (P. W. 1) has testified that appellant had caused injuries to him with an axe. Vinod (P. W. 1) was examined by Dr. M. M. Pandey (P. W. 7 ). His injury report is, Ex. P7, which corroborates the evidence of Vinod (P. W. 1) regarding the simple injuries received by him. Dr. M. M. Pandey (P. W. 7) did not find any grievous injury on Vinod (P. W. 1 ). His report in this regard is, Ex. P8.