HANUMANT AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by impugned judgment dated 28/2/1997 passed by the learned Second Additional Judge, Katni in S.T.No.14/1993 whereby appellants have been convicted under Sections 148 and 326/149 of IPC and sentenced to undergo RI for 1 year with fine of Rs.200/-, in default of payment of fine, they shall further undergo RI for 1 month and RI for 5 years with fine of Rs.1000/-, in default of payment of fine, they shall further undergo RI for 6 months.

(2.) Facts, in short, are that on 7.1.1992, complainant Rikhiram went to Pipariya along with Suresh Burman, Sambhoo Kol and Arun @ Gudda. Initially they consumed liquor with one Pardeshi and thereafter, they had gone for fishing. In the way, appellant Pandu met them. There was some altercation took place between Suresh and Pandu. Rikhiyram tried to intervene them, the appellant Pandu assaulted Rikhiyram by a sword on his hand and fled away from the spot. Suresh and Arun chased him up to his house where other appellants came over there and they made assault on Suresh and Arun by using the sharp edged weapons like axe (Kulhadi) and Bakka. Complainant Rikhiram lodged a report Ex.P/10 at Police Station Tikuri about the incident. All injured were sent for their medical examinations. Appellants were arrested for the offence punishable under Sections 148, 307/149 of IPC.

(3.) After usual investigation, the appellants were charge sheeted before Judicial Magistrate First Class, Katni, who in turn committed the case to the Court of Session. Learned Sessions Judge has framed the charges under Sections 148 and 307/149 of IPC against the appellants. Appellants abjured their guilt and pleaded false implication. Ambika Prasad (DW1), Lal Singh (DW2) and Savitri Bai (DW3) have been examined as defence witnesses of the appellants.