SHANKARLAL @ BHAWANISHANKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have preferred this appeal against judgment and order dated 20.01.2017 passed in Sessions Trial No.191 of 2008 by Special Judge SC/ST Act, Ratlam whereby the learned Trial Court has held both the appellants guilty for the offence punishable under Section 307 read with 34 of IPC and awarded 5-5 years R.I. respectively and fine of Rs.1,500/- Rs.1,500/- to each of them with default stipulations.

(2.) The prosecution case is that on 15.08.2018, the appellants, who are neighbours of the complainant, along with other co-accused persons--Kamla Bai and Parwati Bai, who have been acquitted by the learned Trial Court, were spreading 'Murram' on the backside of the house of the complainant and when they objected for the same, they assaulted them. Badarilal caused injuries to Ram Narayan and his son Bharatlal by axe. Ram Narayan lodged Dehati Nalshi. On medical examination, certain injuries were found, which in the opinion of the Doctor, were dangerous to the life. The police registered FIR No.195 of 2008 and after usual investigation filed the charge-sheet.

(3.) The appellants are charged under Sections 307 read with Section 34 of IPC, they absurd their guilt and claimed for trial. After the trial, the learned Trial Court acquitted Kamla Bai and Parwati Bai and convicted the present appellants, as stated in para 1 above.