CHAUDA & ANR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed this appeal being aggrieved by the judgment dated 22.06.2009 passed by the Additional Judge to the Court of First Additional Session Judge, District Tikamgarh in Session Trial No. 156/2007 whereby the appellants have been convicted and sentenced as under: <FRM>JUDGEMENT_26_LAWS(MPH)2_2019_1.html</FRM>

(2.) In brief, the prosecution case is that on 01.04.2007 at about 10:00 am at village Purakhera, when the complainant-Chauda (PW-1) along with his wife Hirabai (since deceased), daughter Bhuvan Bai and son Dayaram had gone to the well for taking bath, appellants came there and assaulted them. The complainant, his son Dayaram and daughter Bhuvan Bai sustained injuries while his wife Hira Bai sustained grievous injuries. Later Hira Bai succumbed to the injuries and died. FIR was lodged by her husband complainantChauda (PW-1) at Police Station Kudila, District Tikamgarh. Police registered offence under Sec. 307 and 304/34 of IPC. After investigation, charge-sheet was filed under Sec. 302/34, 325/34 and 323/34 of the Penal Code against the appellants. Co-accused Binda has been tried by the juvenile Court.

(3.) After committal of the case, learned trial Court framed charges under Sec. 302 in alternate Sec. 302/34, Sec. 325 in alternate Sec. 325/34 and Sec. 323 in alternate Sec. 323/34 of the Indian Penal Code against the appellants. Appellants abjured guilt and pleaded "innocence". Defence witness Ganesh Singh (DW1) has been examined by the appellants to establish that at the time of incident they were working at Delhi.