ROSHAN AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) All the appellants have filed this criminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 being aggrieved by the judgment of conviction and order of sentence dated 07/12/2017 passed in S.T. No.441/2012 by Special Judge [SC/ST (Atrocities) Act], Sagar whereby learned trial Court has convicted the appellants as under :

(2.) The case of prosecution against the appellants before the trial Court, in short, was that injured Mahadeo (PW-2) lodged a report before the Police Station, Rahatgarh registered at Crime No.535/2011 against the appellants alleging therein that on 08/11/2011 in the evening when his niece Nisha went outside to throw garbage, appellant-Lakhan caught hold her hand with bad intention when he reached there, appellant-Lakhan (appellant No.6) released her and fled away from the spot. When he went to the house of appellant-Lakhan to complaint the incident, appellant-Halke alias Rajkumar (appellant No.2) uttered filthy languages. When he asked to stop abusing, appellant-Halke alias Rajkumar inflicted a stick blow on his head and second blow on the right hand. On hearing shriek, Imrat (PW-7), Shivraj (PW-8), Motiram (PW-4), Nandlal (PW-8), Sanju (PW-1), Brijesh (PW-5) and girl Nisha came over there. Appellans-Roshan, Ballu, Lakhan, Gajju, Tulai, one Arvind Chadar and one Mahendra gathered having axe and sticks with common object and started beating all the victims. All the victims sustained injuries, Brindawan, Bhagwan reached there and rescued the victims. The appellants threatened them to kill.

(3.) All victims sent for medical examination. Dr. Rajeev Raikwar examined the injuries of the victims and prepared MLC report and referred for x-ray. Dr. Dinesh performed x-ray and found fracture in x-ray of injured Motiram only. S.K. Panthi, the then T.I. of Police Station, Rahatgarh recorded statement of witnesses, prepared spot map, seized weapons used in commission of offence from the possession of the appellants, arrested the appellants and after investigation, submitted charge sheet before the Court of JMFC, Sagar for the offence under Sections 147, 148, 294, 323, 324, 506, 354 and 352 read with Section 149 of IPC. In the same incident, the appellants also sustained injuries. On the report of appellants, a case has also been registered against some of the victims which is pending as Special S.T. No.140/2012 before the Special Court of SC/ST (Prevention of Atrocities) Act. Learned Special Court framed charges against the each appellants who abjured their guilt and pleaded for trial.