HARVEER Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 5-7-2014 passed by Additional Sessions Judge, Ganjbasoda, Distt. Vidisha by which the appellants have been convicted and sentenced as under :

(2.) The necessary facts for disposal of the present appeal in short are that on 21-1-2010, the complainant Ramgopal lodged a report to the effect that at about 7:30 P.M., he and his family members, including his father, mother were sitting outside the house. At that time, the appellants and absconding accused Tofan Singh came there. Kashiram was having Farsa, and all of them started abusing his father and because of old enmity, Kashiram gave a Farsa blow on the head of his father Gyarasa, who tried to save himself, as a result of which the blow landed on his right hand, and the palm of his father got amputated. The other coaccused persons including the absconding accused Tofan started beating his father and other persons by means of lathi, as a result of which other persons also sustained injuries. On the basis of this F.I.R., the police registered the crime no. 20/2010 for offence under Sections 307,294,34 of I.P.C. The injured persons were sent for medical examination. The spot map was prepared. The blood stained and plain earth was seized. The statements of witnesses were recorded. The weapons were seized and the appellants/accused were arrested. After completing the investigation, the police filed the charge sheet under Sections 307,294/34 of I.P.C.

(3.) The Trial Court by order dated 15-7-2010 framed charges 307/34,323/34 of I.P.C.