STATE OF M.P. Vs. CHANDU @ CHANDRASHEKHAR

JUDGEMENT

(1.) These applications seeking leave to appeal have been filed by the State so also by the complainant under the provisions of Section 378(3) of the Code of Criminal Procedure being aggrieved by same judgment dated 07.07.2017 passed by the Court of Sessions Judge, Bhind, in Sessions Case No.385/2015, whereby two of the accused persons namely; Chandu @ Chandrashekhar S/o Tularam Jatav and Narayan S/o Tularam Jatav have been exonerated from the charges under Section 326 or 326/34 in the alternative 325 or 325/34 of IPC and Section 25(1-B)(A) of the Arms Act.

(2.) It is submitted that as per the prosecution case, complainant Anil is a resident of village Katha, Police Station Mihona and fields of his brother Ramkumar are adjacent to a public way. Cattle from Jatav Mohalla used to create damage to the crops of Ramkumar and when he used to intercept and prevent such damage then aggrieved persons of Jatav Mohalla used to abuse him. On 23.07.2015 at about 11.00 am when Ramkumar was preparing his fields and his brother/complainant Anil was sitting at the temple when accused Chandrashekhar armed with katta (country made gun), Mahavirsharan armed with axe, Homesingh armed with barchchi and Narayan armed with lathi reached there and abused Ramkumar and threatened him that he will not be able to reap crops. When Ramkumar asked him not to abuse him then Mahavirsharan had caused two axe blows on his head, as a result of which Ramkumar started bleeding and had fallen down from the tractor when accused Homesingh had beaten him with barchchi on his back. There is allegation on accused Narayan also causing injuries with lathi and Chandrashekhar, who was armed with katta threatened him abusingly.

(3.) It is submitted that there are three injuries as per Dr. Ashutosh Jain (P.W.8), who had conducted MLC on Ramkumar, namely;