MADHOSINGH AND KAMALSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred this appeal against judgment and order dated 29.01.2001 delivered in Sessions Trial No.73/2000 by Additional Sessions Judge, Biaora District Rajgarh, whereby the learned trial Court has convicted the appellant Kamal under section 307 of the IPC and appellant Madhosingh under section 307 / 34 of the IPC and sentenced them for 3-3 years RI with fine of Rs.3000/- each. In default of payment of fine, further to undergo 6-6 months RI.

(2.) In brief; the prosecution case is that the complainant Moharsingh and the appellants are cousins. They were having adjacent agricultural land and joint well on that land. On 20.02.2000 at about 12:00 in the noon, Moharsingh was irrigating his land by taking water from the well as per his turn. The appellants reached there and asked him not to take water from the well. As he refused claiming that it is his turn. They got annoyed and assaulted on him. Appellant Kamal gave blow of Lathi on the head and neck of Mohan Singh. Madhosingh also gave lathi blows on his left hand and right thigh. Bleeding started from the head of Moharsingh. He fell down on the ground. Both the appellants threatened him that if he will take water from the well again, they will kill him and left the place. Moharsingh came back home by foot and revealed the incident before his wife, who, with the help of some villagers took him to the police station Biaora by bull-cart, where he lodged FIR no.86/2000 Ex.P/4. The police sent him for medical examination. Dr. Sorin Datta PW/1 examined him and found one lacerated wound on the head and swelling on the back side of neck, left wrist and right thigh. The police raised a query and in reply Dr. Datta opined that the head injury may be fatal to life (Ex.P/3). The police visited the spot, prepared spot map Ex.P/5, arrested both the appellants vide memo Ex.P/6 and 7, recovered Lathi from their possession vide seizure memo Ex.P/8 and 9 and after completing the investigation, filed charge sheet.

(3.) Both the accused persons were charged, tried, convicted and sentenced as stated in preceding para 1 above.