DHANI RAM Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT No. 3 Mst. Sakhi Bai alias Ram Sakhi has expired during the pendency of this appeal hence appeal has been abated against her.

(2.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been filed by the appellants being aggrieved by the impugned judgment, finding and sentence dated 18. 08. 1999 passed by Sessions Judge, Tikamgarh in sessions Trial No. 106/98, whereby the appellants have been convicted under Section 333/34 of I. P. C. and sentenced to R. I. for 3 years with fine of Rs. 500/-, in default of payment of fine S. I. for 2 months, each respectively.

(3.) THE prosecution case in short is that on 14. 04. 1991 Gajraj singh, Head Constable and Rajaram Constable of Police Station niwari went to serve warrant in villages Tola, Poojanpura and kena. On the way they received the information that Dhaniram and Nathu Ram are making country liquor and selling it to the persons. Therefore, they along with Rajendra and chandrabhan went there and saw that two cans of liquor were kept there and 3-4 persons were sitting there and they were drinking the liquor. Dhaniram and Nathuram were caught but they shouted on account of which Mst. Bati Bai and Mst. Sakhi @ Ramsakhi (now deceased) daughters of Dhaniram came there and hurled stones on account of which they sustained injuries. Dhaniram and Mst. Bati @ Ramsakhi also assaulted with the lathies on account of which they sustained injuries. Four liters country liquor with can was seized. On return back at police station, Niwadi Head Constable Gajraj Singh submitted written report (Ex. P-10) on the basis of which F. I. R. (Ex. P-11) was written. Accordingly Crime No. 84/91 under section 34 of Excise Act and Sections 353, 332, 336, 294, 506-B, 34 of I. P. C. was registered against the appellants. The injured persons Gajraj Singh and Rajaram were sent for medical examination. Dr. Munna Lal Gupta (PW-1) has conducted their medical examination on the same date and found the injuries as mentioned in medical reports Ex. P-1 and ex. P-2. Gajraj Singh was advised for x-ray of his right little finger. On x-ray the fracture of metacarpal bone was found. The country liquor with plastic can was seized vide seizure memo Ex. P-12. The map Ex. P-7 was prepared. The statements of the witnesses were recorded. After completing the investigation the charge sheet was filed in the court of Judicial magistrate First Class, Niwari who committed the case to the sessions Court for trial.