DAMODAR Vs. STATE OF M.P

JUDGEMENT

(1.) This criminal revision has been filed by the applicant No.1 Damodar, applicant No. 2 Halke @ Chhidami, applicant No.3 Sukhram and applicant No.4 Valiya @ Malkhe under Sec. 397/ 401 of the Crimial P.C. against the order dated 4.4.2007 passed by the Additional Sessions Judge, Gadarwara, District Narsinghpur in Criminal Appeal No. 159/2006 confirming the judgment dated 29.09.2006 passed by the JMFC, Gadarwara in Criminal Case No. 649/2002 whereby the applicants have been convicted as under:- <FRM>JUDGEMENT_47_LAWS(MPH)2_2019_1.html</FRM>

(2.) In brief the facts of the case are that on 6.9.2000 at around 8' O Clock in the morning when the complainant P.W.2 Ram Prasad was coming from Juneta to gram Salichokha, at that time, near Arjungaon and Dudhi river applicant No.1 Damodar, applicant No.4 Valia, , applicant No.3 Sukhram and applicant No.2 Halke armed with Gandasa and axes in their hands came and started abusing him and when he objected, applicant No.4 Valia gave him Gandasa blow on his left hand, accused applicant No.1 Damodar gave an axe blow on his back and applicant No. 3 Sukhram and applicant No.2 Halke started beating him with sticks. After committing the crime, accused persons ran away from the spot, however, incident was witnessed by Sanjay and Gulab (P.W.1). After the FIR was lodged, investigation started and after the arrest of the accused persons, they were put to trial before JMFC, Gadarwara, District Narsinghpur who, after recording the evidence, vide his judgement dated 29.09.2006 has convicted the appellants as aforesaid and the appeal preferred by the accused persons has been dismissed by the learned Judge of the lower appellate Court in Criminal Appeal No. 159/2006 vide its order dated 4.4.2007 thereby confirming the conviction of the appellants.

(3.) Learned counsel for the applicants has challenged the impugned order on the ground that both the learned Judges of the lower Courts have erred in not appreciating the evidence in its proper perspective as no case as aforesaid is made out against the applicants.