GANESH AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) Vide judgment dated 23.9.1999 passed by the JMFC Udaypura District Raisen (Shri K.N.Khan) in Criminal Case No.79/1998 the applicants were convicted for the offence under Sections 326 or 326/34, 452, 323 or 323/34 of IPC and sentenced with three years' RI with fine of Rs.3000/-, three years' SI with fine of Rs.500/- and one year's. In Criminal Appeal No.30/1999 the learned Sessions Judge, Raisen vide judgment dated 23.9.1999 dismissed the appeal in toto. Being aggrieved with the judgments of both the Courts below, this criminal revision is preferred by the applicants.

(2.) The prosecution case, in short, is that on 2.1.1998 at about 12:00 in the noon a quarrel took place between the applicants and nephews of the complainant Kalyan Singh, and therefore the applicants went to the house of the complainant situated at Village Patai (Police Station Devri District Raisen) and assaulted him by various weapons. The applicant Ganesh Prasad assaulted him by an axe on his head, whereas the other applicants assaulted him by danda and lathi (stick). After due investigation, a charge sheet was filed before the concerned Magistrate.

(3.) The applicants-accused abjured their guilt before the trial Court, but no defence evidence was adduced.