RAMLAKHAN TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicants have filed this revision under Section 397/401 of Cr.P.C., being aggrieved by the judgment dated 29.05.2019 passed in Cr. Appeal No.30/2018 by IInd ASJ, Panna whereby, learned ASJ confirmed the conviction and sentence passed by the Court of JMFC in Cr. Case No.30/2018. The trial Court convicted each of the applicant under Section 325/34 of IPC and sentenced to undergo RI for six months with fine of Rs.1,000/- along with default stipulation.

(2.) Prosecution story, in short is that, one injured Phool Singh (PW-1) took the field of his brother-in-law situate at village Barwaspura on contract basis. Phool Singh sowed gram and masoor in the field. On 03.11.2014 at 8.30 in the morning, Phool Singh along with brother-in-law Sawant Singh (PW-2) went to see the agriculture filed and saw that buffalo of the applicants No.1 and 2 namely; Ramlakhan and Jagdish were grazing the field, then Phool singh went into the field and taking out the Buffalo, then both the applicants uttered filthy words and started beating of Phool Singh by sticks. Another applicant along with other persons came on the spot and he also started beating to the Phool Singh/injured. Inured Phool Singh sustained more than 10 injuries in different parts of the body and he lodged the report Ex.P-1 in Police Station Amanganj and thereafter, Crime No.309/14 was registered against the applicants for the offence punishable under Sections 294, 323, 506 Part-II read with section 34 of the IPC. The injured sent to civil hospital Amanganj. (PW-7) Dr. M.K. Gupta examined the injuries of Phool Singh and prepared the MLC report Ex-P-9 and referred him for X-ray, second metacarpal bone was found fractured. After recording the evidence and on completion of all the formalities of the investigation, charge-sheet came to be filed before the Court of JMFC against each of the applicant, JMFC framed the charges. The applicants abjured their guilt.

(3.) The trial Court recorded the evidence of (PW-1) Phool Singh, injured, (PW-2) Sawant Singh, eye witness, (PW-3) Sardar Singh, (PW-4) Ramsukh, (PW-5) Ritesh, (PW-6) Vijay Singh, eye witness. (PW-7) Dr. M.K. Gupta, (PW-8) Rajendra Singh, Head Constable and investigating Officer.