RAJIV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant is aggrieved by his conviction under section 307 of the IPC and sentence of 5 years RI with fine of Rs.500/- and in default RI of 6 months awarded by First Additional Sessions Judge, Mhow District Indore vide judgment dated 29.02.2000 delivered in Sessions Trial No.87/1995.

(2.) The prosecution case in brief is that on 26.10.1996 at about 09:45 AM, when the complainant Durga Shankar was washing clothes outside of his house, suddenly, his tenant Shyam Sunder along with his wife Chandabai and two sons Sanjay and Rajiv (appellant) having iron rods in their hands assaulted him on account of his refusal to withdraw the earlier criminal cases filed by him against them. Rajiv gave a blow of iron rod and caused injuries in the left eye. Sanjay caused injuries of iron rod on left side of chest. Chandabai beat him by "Mogri"(a bat used to wash clothes) and caused injuries on his shoulder. Shyam thrashed him by kicks and fists. The matter was reported to the police at quarter past 10 in the night. Crime no. 600/1996 was registered at police station Mhow and after usual investigation, the police filed the charge sheet.

(3.) All the accused persons were charged under section 450 and 307 of the IPC. They abjured their guilt and prayed for trial. After the trial, all four accused persons acquitted from the charge under section 450 of the IPC and except the appellant Rajiv other three accused persons were also acquited from the charge under Section 307 IPC, but Rajiv was held guilty for the offence under section 307 of the IPC. He is awarded punishment as stated above.