DEEVAN SINGH S/O ANGAD SINGH AND ANGAD SINGH S/O RAJDHAR GHOSHI, BOTH R/O VILLAGE DADORA, P.S. BAMNORA, DISTT. CHHATARPUR M.P. Vs. STATE OF MADHYA PRADESH THROUGH POLICE STATION BAMNORA, DISTT. CHHATARPUR M.P.

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 24.12.1999 passed by learned Fourth Additional Sessions Judge, Chhatarpur in Sessions Trial No. 240/1997 convicting the appellants under Section 332 IPC and thereby sentencing him to suffer imprisonment of 1 year's R.I. and fine of Rs. 500/ -each; in default of payment of fine further R.I. of three months, this appeal has been preferred by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of the prosecution is that the complainant, Ramdas, who is a public servant and at the relevant point of time was serving on the post of Assistant Lineman in the M.P. Electricity Board went to disconnect the electric connection which was taken illegally by the appellants. When he was on duty and was disconnecting the illegal electric connection it is said that the appellants caused injuries to him by lathi and in one lathi the iron object was embedded. A report was lodged in the police station and case was registered under Sections 353, 333, 332, 186, 294, 323 and 506 Later Part IPC.

(3.) LEARNED Trial Judge on the basis of the allegations made in the charge -sheet framed the charge punishable under Section 333 IPC which the appellants denied and requested for the trial.