ASHOK KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 26th august, 2004, passed by III Additional Sessions Judge, Jabalpur, in sessions Trial No. 401/02, convicting the appellants under Sections 147 and 323/149 of the Indian Penal Code and sentencing them to imprisonment for six months and rigorous imprisonment for one year with fine of Rs. 500/- to each, on each count respectively. In default of payment of fine, additional rigorous imprisonment for two months.

(2.) BEFORE the trial Court appellants/accused were charged under sections148 and 307/149 of the Indian Penal Code on two counts and under Section 323/149 of the Indian Penal Code on four counts. Trial court, finding the evidence insufficient for bringing home the charge under Section 307/149 of the Indian Penal Code, acquitted the accused persons of the said offence and instead convicted them under Section 323/149 and Section 147 of the Indian Penal Code and sentenced them as aforesaid.

(3.) IN short, the prosecution case is that there was a long standing enmity, since about 30 years, between the accused persons and the complainant party over the partition of land and other immovable properties. On 26. 11. 2001, at about 9. 30 a. m. , when PW-6 Arvind and pw-10 Bhole @ Mahesh were sowing the field of Pancham Singh, situated in front of their house, with a tractor, all the accused persons, variously armed, reached there. Accused Vishwanath was armed with a farsa and accused Rameshwar was armed with a Ballam. Other accused persons had Lathis. It is said that accused Vishwanath warned the complainants that the tractor should not touch their embankment, which led to a wordy quarrel and all the accused persons, in prosecution of the common object then launched an attacked on arvind. When Raghuraj Singh intervened, he was also assaulted. Dinesh, Mukesh, Mahesh, Subhadrabai and Man Singh, when tried to rescue them, they were also beaten. Injured persons went to Police station Patan, where Raghuraj Singh Yadav lodged a report (Ex. P/9 ). A case under Section 147, 148, 307 and 323/149 was registered against the accused persons. The injured persons were sent to Primary health Centre, Patan, where their injuries were examined by PW-1 Dr. R. K. Mishra.