BHAGWANDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by First Additional Sessions judge, Shahdol in S. T. No. 127/91, decided on 27. 6. 98.

(2.) APPELLANT has been convicted under Section 324 of IPC for causing injuries to Manish Ghai and Girishchand and sentenced to rigorous imprisonment for six months with fine of Rs. 2000/-, in default simple imprisonment for four months on each count. The sentences were directed to run concurrently.

(3.) ACCORDING to prosecution, appellant was a tenant in the residential house of Seth Jagannath Prasad Agrawal, which was later on purchased by complainant's father Girishchand. The eviction proceedings initiated against the appellant ultimately concluded in favour of the appellant and he was again placed in possession. Since then, appellant began quarreling with the complainant party. On the night intervening 7th and 8th Aug. 1990 at 2. 30 A. M. , when complainant Shirish Ghai and all other family members were sleeping in their house, appellant came there on a jeep alongwith co-accused Pankaj Sharma (Since deceased) and other 8-10 anti social elements. They were armed with knife, farsa, ballam and sabbal. Appellant and his associates broke open the doors of the house of the complainant, came inside and began damaging the property; when resistance was made by the inmates of the house, co-accused Pankaj Sharma gave a farsa blow to complainant Shirish Ghai, while appellant Bhagwandas and other co-accused persons began assaulting his brother Manish Ghai and his father Girishchand by knife and sharp edged weapons causing injuries. Upon hue and cry, some neighbours including mohd. Safdar and Deenanath came to their rescue. Then the appellant and other co-accused persons threatened and intimidated them and fled away. The FIR of the incident was lodged by shirish Ghai at Police Station Kotwali, Shahdol, on the basis of which an offence was registered against the appellant and other co-accused persons. Injured Shirish, Manish and Girishchand were sent for medical examination. After due investigation, appellants and seven others were prosecuted under Section 147, 148, 149, 450, 427, 506-B, 307, 120-B of IPC and were put to trial. Co-accused Pankaj Sharma, however, died during the pendency of the trial.