BHAWARLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") has been preferred by the appellants-Bhawarlal, Makkhan, Babulal and Sawra against the judgment dated 27/10/2018 passed by First Additional Sessions Judge, Manasa, District Neemuch in Sessions Trial No.74/2014, whereby each of the appellant has been convicted for offence punishable under Sections 341 and 307 of IPC, 1860 and sentenced to undergo 5 years R.I., and 1 month S.I., with fine amount of Rs.100/- and 1000/- respectively and usual default stipulation.

(2.) Prosecution story in short is that on 03/07/2014 at about 7.30 am, when the complainant had gone to open his Tea shop situated nearby the checkpost of Forest Department, at that time, the appellants armed with wooden sticks were standing there, on seeing the complainant, they started abusing him with filthy language and ordered him not to open his tea stall in future. Thereafter, appellant- Bhawarlal gave a latti blow on complainant's head, appellant-Makkan gave a latti blow on his hands and back; appellant-Babulal gave a latti blow on his right leg and appellant Sawra assaulted the complainant with wooden stick. Then Gowrilal and Hukma Gurjar came there and rescued the complainant. Thereafter the accused persons threatened the complainant to kill if he reported the incident to police and fled away from the spot.

(3.) Complainant Prahalad filed a report at Police Station Manasa, District Neemuch. On the basis of which police registered FIR bearing Crime No.352/2014 for offence under Sections 294 , 341 , 323 , 506 / 34 of IPC, 1860 against the appellants. Complainant was sent for medical examination. From medical report (Ex.P-26) and vide X-ray report (Ex.P-25) it was found that complainant sustained grievous injuries which are dangerous to life, therefore, offence under Sections 307 , 325 / 34 of IPC 1860 was also added against the appellants. During investigation police arrested the accused persons and recovered one bamboo latti from the appellants. After completion of investigation, Police filed charge-sheet against the appellants for offence under Sections 307 , 325 , 341 , 294 , 506 / 34 of IPC 1860.