GOKUL SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The present appeal is arising out of the judgment dated 01-08-2002 passed in Sessions Trial No. 167/1997 in the case of Gokul Singh Vs. State of M.P. by the learned Additional Sessions Judge, Shajapur.

(2.) The appellant has been convicted for an offence u/s 324 of the IPC and has been sentenced to undergo two years RI with a fine of Rs. 500/- with a default clause to undergo two months additional RI, in case the fine amount is not paid.

(3.) As per the prosecution case on 21-06-1997 at about 01:00 PM the complainant Sukhram Bairagi was at his house and the accused Gokul his brother Bannesingh came to his house and started abusing Sukhram Bairagi. The Initial incident of dispute took place between the parties in the morning and in the afternoon Gokul alongwith other persons came to his house and fired with a 12 bore 'katta' resulting in injuries. Report was lodged Exhibit-P-2 by Sukhram at about 06:10 PM and the Station House Officer Anand Yadav PW-1 has lodged a report u/s 307/149, 323/149 and 148 of IPC at Crime No. 167/1997. Sukhram alongwith his wife another persons were taken to District Hospital Shajapur and Dr. B.S. Mena (PW-4) has examined the injuries as per Exhibit-P-3 and there were as many as seven injuries. There were two injuries sustained by Narmadabai and Virenderasingh also received three injuries Thereafter investigation was carried out in the matter. A charge sheet was filed and the trial court after appreciating the evidence has convicted only Gokulsingh for an offence u/s 324 of IPC. Sentence was suspended by this court on 28-02-2002. However, as Gokul Singh did not appear before the Registry of this court on the date fixed by the office he was again taken into custody in the year 2016. The order sheet dated 12-04-2016 reveals that he was brought in custody before this court and was sent back to District jail, Shajapur to serve the remaining part of sentence and the sentence awarded to Gokulsingh is already over as it was only two years.