DILIP Vs. STATE OF MP

JUDGEMENT

(1.) By this appeal under Section 374 of Cr.P.C. the appellants have challenged the judgment dated 24/7/2018 passed by VII Additional Sessions Judge Ujjain in ST No. 657/14 convicting the appellants for offence under Section 307 read with Section 34 of IPC and sentencing them four years RI each with fine of Rs. 3,000/- each and default imprisonment of 3 months RI each.

(2.) The prosecution story is that on 18/8/2014 a quarrel had taken place at 9 pm between complainant Komal Singh and appellants on the issue of barking of his dog. Thereafter complainant was coming back on foot from Sai Mandir when the appellants had stopped him. Appellants Dilip Mahadik and Lokesh Maratha were having knife and other two appellants were having wooden stick and they had attacked the complainant and caused him injuries. Hearing the commotion Satish Yadav, Chandrashekhar Joshi, Bhupendra Morya @ Chintu had come and on account of their intervention the appellants had fled away from the spot. The complainant was taken to the hospital and Dehati Nalishi Ex.P-1 was lodged. Offence was registered against the appellants and after investigation challan was filed. Appellants had abjured the guilt and trial had taken place.

(3.) Dr. G.S. Dhawan, PW-8, had medically examined the complainant Komal Singh and had found seven cut injuries and had opined that injuries could be caused by means of knife. Complainant PW-1 Komal Singh had given the details of incident and had also disclosed that injuries were caused by appellants Dilip and Lokesh by means of knife and other two appellants Tapan and Akshay by means of wooden sticks. His statement is corroborated by the statement of eye witnesses PW-2 Deepak Yadav, PW-3 Bhupendra Morya and PW-4 Chandrashekhar. Trial court has also noted that Dehati Nalishi Ex P-1 containing the details of the incident was lodged after the incident without any delay. Trial court hence has rightly found that the statement of complainant is duly supported by statement of other eye witnesses as also corroborated with Dehati Nalishi and medical evidence. The seized knife was sent to FSL and in the FSL report blood was found thereon. The appellants were identified in the TI Parade.