BASANT KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants/accused have directed this appeal under Section 374(2) of Criminal Procedure Code, 1973 being aggrieved by the judgment dated 14- 10-1999 passed by Ilnd Additional Sessions Judge, Seoni in Sessions Trial No. 91/93 convicting and sentencing to each of them under Sections 323 and 307 read with Section 34 of Indian Penal Code, for R. I. 6 months in earlier Section while R. I. for 4 years with fine of Rs. 500/- in default of depositing the fine, further 3 months R. I. in latter.

(2.) The facts giving rise to this appeal in short are that on 18-10-1992 at about 6 O'clock in the morning the complainant Ramesh Kumar Sen while returning to village Khamariya from some pond after taking the bath, on the way the appellants Dhanna lashed with lathi, while Panna and Basant lashed with steel rod anticipated and abused him with filthy languages and by giving the criminal threat, presurised him to compound the criminal case pending against them, at his instance for some incident of the year 1989. In continuation of it, the complainant was subjected to beating by the appellants by means of sticks and steel rods, resultantly, sustained various injuries on different parts of his person. Thereafter, by saying that they will see to Mahesh and Ram Singh, came to the village, whereby anticipating the Mahesh, Ram Singh and Rikkhi beaten them by sticks and also gave the threat to kill them. The incident was witnessed by Gulab, Mohan, Anil and Dheeraj, who came there to rescue them. On lodging the report at Police Station Lakhnadone by complainant Ramesh a crime for the offence under Sections 341, 323, 294 and 506-B of I. P. C. was registered against the appellants. The injured persons were taken to the hospital where their pre-MLC reports were prepared. Looking to the seriousness of the injuries sustained by Ram Singh, he was referred to Medical Hospital, Jabalpur, where further treatment was provided to him by some senior doctors. In investigation pre-MLC reports and the report of medical hospital were received. Necessary panchnamas and other papers regarding seizure were prepared. Interrogatory statements of the witnesses were recorded. On medical report, it was revealed that the injury sustained by Ram Singh on his head was sufficient to cause death in ordinary course of nature on which Section 307 of I. P. C. was also inserted in the matter. On concluding the investigation, the appellants' were charge-sheeted for the above mentioned offence.

(3.) After committal, on framing the charges against the appellants' they adjured the same on which, the trial was held. After recording the evidence, on appreciation holding guilty to the appellants' each of them was sentenced as stated above. Being dissatisfied with such conviction and sentence, the appellants' have come forward to this Court with this appeal.