PARMANANDI PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment dated 31/08/2019 passed by the appellate Court i.e. 6th Additional Sessions Judge, Chhatarpur in Criminal Appeal No.109/2016 whereby learned appellate Court while acquitting the applicants for the offence punishable under Section 452 of IPC, partly dismissed the appeal by affirming the conviction and sentence passed vide judgment dated 30/07/2016 by the Court of JMFC in RTC No.845/2014 thereby convicting each applicant for the offences punishable under Sections 324 read with Section 34, IPC (two counts), under Section 323 read with Section 34 of IPC (two counts) and sentencing them to undergo RI for six months along with fine of Rs.300/- with default stipulation and RI for three months along with fine of Rs.200/- with default stipulation.

(2.) The case of prosecution against the applicant, in short, is that on the relevant point of time, when injured-Chandrabhan was taking lunch in his home, cattle of the applicant started grazing grass. When he called all the applicants for removing the cattle, the applicants got enraged and applicant-Parmanandi armed with axe and other applicants armed with wooden stick came inside the house of Chandrabhan and started beating him. Gajadhar, Khemchand, Kamal came to save Chandrabhan, then applicants also started beating all of them. All received injuries. Applicant-Parmanandi assaulted by axe on the head of Khemchand. Other persons came on the spot and drived away both the parties. Injured lodged a report to that effect in Police Station, Orchha Road, Chhataarpur. Crime No.39/201439/2014 registered against the applicants. After investigation, charge sheet came to be filed. Learned Court of JMFC framed charges against the applicants. Each applicant abjured guilt. After recording the evidence of both the parties, examined each applicant under Section 313 of Cr.P.C. The applicants denied all the incriminating evidence and circumstances came against them.

(3.) Learned Court of JMFC, after hearing both the parties, delivered judgment dated 30/07/2016 thereby acquitted each applicant for the offence punishable under Section 294, 506 of IPC and convicted each applicant for the offences punishable under Sections 452, 324 read with Section 34 (two counts), under Section 323 read with Section 34 of IPC (two counts) and sentenced as mentioned above. Against that conviction and sentence, each applicant preferred criminal appeal which was registered as Criminal Appeal No.109/2016. Learned 6th Additional Sessions Judge, Chhatarpur vide judgment dated 31/08/2019 acquitted each applicant for the offence punishable under Section 452 of IPC, however, affirmed the conviction and sentence passed under Sections 324 read with Section 34 (two counts), 323 read with Section 34 of IPC (two counts).