LAWS(MPH)-2009-1-41

RAMPRASAD Vs. STATE OF MADHYA

Decided On January 09, 2009
RAMPRASAD Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) APPELLANT no. 1 Ram Prasad, appellant no. 2 Ramanuj, appellant no. 3 Santosh Kumar, appellant no. 4 Maksudan prasad and appellant no. 5 Ramesh Prasad have been convicted under Section 323 of the Indian Penal Code and sentenced to rigorous imprisonment for four months and a fine of Rs. 250/-each or in default of payment of fine simple imprisonment for one month by the impugned judgment dated 31. 8. 1995 passed in Sessions Trial No. 41/1989 by the IInd Additional Sessions Judge, Rewa. By the same judgment appellant no. 6 Rajendra Prasad and appellant no. 7 Kailash have been convicted under section 324 of the indian Penal Code and sentenced to rigorous imprisonment for one year and a fine of Rs. 1000/- each or in default of payment of fine simple imprisonment for three months.

(2.) THE prosecution case that has been proved against the appellants is that on 13. 11. 1988 at about 4. 30 p. m. they caused simple injuries to Ramkishan (P. W. 1), Kemla (P. W. 3), Rajesh Kumar Pandey (P. W. 5) and Gayaprasad (P. W. 7 ). Appellant no. 6 Rajendra Prasad and appellant no. 7 kailash are said to have used axe whereas the remaining appellants had used lathis in the assault. The first information report, Ex. P1, was lodged immediately after the incident by Ramkishan (P. W. 1) at Police Station Panwar, district Rewa. All the injured persons named above have testified in one voice that they were caused injuries by the appellants who are also their relatives and the incident took place because of the property dispute between them. Dr. R. D. Sharma (P. W. 11) had examined Ramkishan (P. W. 1), kemla (P. W. 3), Rajesh Kumar Pandey (P. W. 5) and gayaprasad (P. W. 7) and found simple injuries on their person. There is ample evidence on record to hold that appellant appellant no. 1 Ram Prasad, appellant no. 2 ramanuj, appellant no. 3 Santosh Kumar, appellant no. 4 maksudan Prasad and appellant no. 5 Ramesh Prasad had used lathis whereas appellant no. 6 Rajendra Prasad along with appellant no. 7 Kailash had used axe in the assault.

(3.) THE trial court, after appreciating the evidence on record, convicted and sentenced the appellants as aforesaid.