BHANWARLAL Vs. STATE

JUDGEMENT

(1.) -Bhanwerlal and Jagannath have challenged their conviction under sections 325, 323 & 341 Penal Code recorded by the learned Sessions Judge, Pratapgarh vide judgment dated 5.5.1981. They have been sentenced to undergo two years R.I., pay a fine of Rs. 100.00 in default one month S.I. under section 325 IPC, six months R.I. under section 323 Penal Code and a fine of Rs. 100.00 under section 341 IPC.

(2.) The case relates to an occurrence which took place on 15.10.1974 in village Bohera. The FIR of the occurrence was lodged at 10.30 p.m. on the same day by Jamnalal, injured in which he had alleged that four persons Gopal, Bhanwerlal, Jagannath and Babru had given beating to him, his wife Kesarbai and his son Shivnarayan by 'Kulhari' and 'lathis'. On this report a case under section 307 Penal Code was registered. After completion of the investigation, the police submitted challan. The learned Sessions Judge framed charges under sections 307/34, 325/34 & Sec. 323 & 341 IPC. They pleaded not guilty. The prosecution examined 14 witnesses. Out of them PW 1 Jamnalal, PW 2 Kesar Bai and PW 3 Shivnarayan are injured persons. PW 2 Shivnarayan & PW 4 Parasram have been examined as eye-witnesses. PW 5 Bhagwati, PW 16 Shankerlal and PW 11 Kishanlal and PW 12 Prabhu are the persons who reached the place of occurrence immediately after they came to know about it. PW 9 Dr. Damodar Parikh had examined the injuries of Jamnalal, Kesarbai and Shivnarayan on 16.10.1979 and prepared the injury reports. PW 8 Dr. Rameshwar Bhatt had conducted skiagram of the injuries of Jamnalal and Kesar Bai. The other witnesses are either motbirs or the police officers who took part in the investigation. Accused in their statements under section 313 Crimial P.C. denied accusation. They examined Chunnilal in defence.

(3.) The learned Sessions Judge held that accused Babru and Gopal had not taken part in the occurrence. He, therefore, acquitted them of all the offence charged with. He further held that offence u /ss. 325, 323 & 341 are proved against accused Jagannath and Bhanwarlal. Therefore, he convicted and sentenced them as above.