UMA DEVI BHADORIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have preferred this appeal under Section 374 of the Code of Criminal Procedure, feeling aggrieved by the impugned judgment of conviction and sentence dated 28.01.2011 passed by Second Additional Judge, Gwalior to the Court of First Additional Sessions Judge, Gwalior in Sessions Trial No.269/2010, whereby the appellant/accused Umadevi has been held guilty for the offences under Section 148 of IPC, sentenced to six months RI with fine of Rs.200/-, under Section 452/149 of IPC sentenced to one year RI with fine of Rs.200/-, under Sections 307 and 307/149 of IPC sentenced to five years RI for each offence with fine of Rs.500/- each, and under Section 323/149 of IPC sentenced to three months RI with fine of Rs.200/-. Similarly, appellant/accused Sonam has been held guilty for the offences under Section 148 of IPC, sentenced to six months RI with fine of Rs.200/-, under Section 452/149 of IPC sentenced to one year RI with fine of Rs.200/-, under Section 307/149 of IPC (on two counts) sentenced to five years RI for each each count with fine of Rs.500/- each, and under Section 323 of IPC sentenced to three months RI with fine of Rs.200/-, with default stipulation. All the sentences were directed to run concurrently.

(2.) Brief facts of the case are that son of complainant runs the shop of cyber cafe where one accused Vikas used to come for computer learning. When on 27.2.2010 complainant's son asked for money from accused Vikas then Vikash refused to give money and threatening the complainant's son left the place. On the same day, at 3.30 pm complainant Brij Kishore, wife Vimla and son Dharmendra were present in their house, all the accused persons namely Vikas Bhadoriya and Uma Devi armed with katta, Sonam armed with danda and two-three other persons armed with lathis came to their house. Accused Vikas asked about whereabouts of Vikas and hurled abuses. When complainant objected to it, then accused Umadevi fired a gun shot on complainant's son Dharmendra at his left foot; accused Vikas fired gun shot on the wife of complainant Vimla on her thigh; and Sonam committed marpeet with complainant by kicks and fists. The matter was reported to Police Station Gole Ka Mandir, District Gwalior, on which basis the police had registered a case at Crime No. 101/2010 for the offences punishable under Sections 452, 307, 294, 147, 148, 149, 323 of IPC; sent the complainant for medical examination. After due investigation, the charge sheet has been filed against appellants/accused Umadevi and Sonam before the Chief Judicial Magistrate, Gwalior.

(3.) It is pertinent to note here that a separate charge sheet has been filed in respect of accused Vikas before the Juvenile Court.