NAJARIYA S/O PUSHKAR Vs. STATE OF M P

JUDGEMENT

(1.) The appellant No.1 Najariya has been convicted for offence under Section 324 and appellant No.2 Anarsingh for offence under Section 324/34 of the IPC and have been sentenced for two years RI with fine of Rs.1000/-. They have also been convicted for offence under Section 452 of the IPC and sentenced to two years RI with fine of Rs.1000/-, in default six months RI by the judgment dated 17/9/1998 passed by the II Addl. Sessions Judge, Barwani (West Nimar) MP in ST No.143/1997.

(2.) The prosecution case in brief is that on 8/12/1997 Mastariya, his wife Sikribai and guest Sarjan were sleeping when the appellants Najariya and Anarsingh along with Pathaniya, Gyansingh and Jeetmal armed with deadly weapons entered the house. Najariya was having bow and arrow and Anarsingh was having falia. Anarsingh exhorted Najariya to attack Mastariya with arrow. Accused Najariya then caused injury on the neck of Mastariya with the arrow. On his shouting his brother and other persons came and accused fled away. An FIR of the incident was made and challan against the accused persons including the appellants was filed alleging commission of offence under Section 452, 147, 148, 307/149 of the IPC.

(3.) The accused abjured the guilt and the trial took place. In the trial, the trial Court by the judgment under appeal has found the appellants guilty of the offence mentioned above and sentenced them accordingly.