BHURA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the code of Criminal Procedure has been preferred by the appellants being aggrieved by the impugned judgment, finding and sentence dated 7/6/1999 passed by the Additional sessions Judge, Harda in ST No. 181/1998, whereby the appellants have been convicted under Sections 147, 148, 324/ 149, 323/149 of IPC and sentenced to R. I. for six months with fine of Rs. 500/- on each count.

(2.) THE prosecution case in short is that on 3/5/1998 at about 9:40 AM Ganesh resident of Village Charva lodged report at Police Station Chhipavad to the effect that in the morning at about 6-7 AM Bhura attempted to molest his wife phoolwati Bai for which he objected. Bhura threatened to kidnap her and called his brothers from the village. Sarvan, suresh, Radhiya and Khajju came there armed with weapons. Sarvan was having axe and others were having lathis. At that time Mahesh, younger brother of complainant Ganesh also came there. Bhura snatched axe from his brother Sarvan and inflicted on the forehead of Mahesh, on account of which he fell down and became unconscious. Suresh inflicted lathi blow to Ganesh. All the appellants-accused caused marpeet to them.

(3.) ON this information, Crime No. 50/98 under sections 147, 148, 149 and 307 of IPC was registered against the appellants. Injured Ganesh and Mahesh were sent for medical examination to CHC, Khirkiya. They were examined by Dr. SB Jain (PW-5), who found the injuries on the person of injured. He had also taken the X-ray of Mahesh. Spot map ex. P-1 was prepared. The statements of witnesses were recorded under Section 161, Cr. P. C. After completing the investigation, the charge sheet was filed against the appellants in the Court of Judicial Magistrate First Class, Harda who committed the case to the Sessions Court for trial.