THANNI @ PURANLAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have filed this appeal against the judgment dated 31.8.2008 passed in Sessions Trial No.16/2007. The appellants were tried for commission of offences punishable under sections 294 , 341 , 329 , 506-II of IPC, lateron acquitted under section 294 and 506-II of IPC and held guilty under section 341 of IPC and sentenced for one month imprisonment each and under section 329 of IPC for 10 years R.I. each with fine of Rs.1,000/- each, and in default of which to undergo 6 months R.I. each.

(2.) The facts of the case are that on 3.7.2006 complainant Kunjbihari Dubey was going on his motor cycle towards his house alongwith his son Vijendra Kumar Dubey. On the way appellants have intercepted them and demanded money for drinking liquor, but when the complainant refused, then appellant Thanni @ Puranlal armed with wooden stick and appellant Chhotelal @ Sukhdev armed with stone beaten the complainant Kunjbihari Dubey, due to which he sustained injuries on his head, left hand, finger of right hand and on the right leg. He was taken to the hospital from the place of incident, where he was admitted. The information was sent to the Police Station Saleemnabad where Crime No.201/2006 for offences punishable under sections 341 , 294 , 323 , 324 , 506 , 329 , 327 of IPC have been registered. Later on offence punishable under sections 327 and 329 of IPC have been added on the receiving the medical report of complainant and chargesheet has been filed.

(3.) The trial Court framed the charges for offences punishable under sections 294 , 341 , 329 , 506-II of IPC. After trial, the appellants have been held guilty and sentenced as mentioned above.