MANKA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred the present appeal against the judgment dated 24.2.2006 passed by the 5th Additional Sessions Judge, Chhatarpur in S.T.No.97/2005, whereby the appellants were convicted of offence under Section 324/34 and 323/34 of IPC and each sentenced to 3 years rigorous imprisonment with fine of Rs.500/ - and 1 year rigorous imprisonment with fine of Rs.250/ - respectively. Both the sentenced are to run concurrently.

(2.) THE prosecution's case, in short, is that, on 30.3.2005, a quarrel took place due to previous enmity between the parties. A calf of the complainant Sharda went in the Khalihaan of the appellant Manka and therefore, the Criminal Appeal No.468 of 2006 appellant Manka gave a kick to calf. When the complainant Sharda prohibited him to do so then, he gave a threat to kill her. In the meantime, the appellant Budua came with an axe and gave a blow of axe on the head of the victim Sharda. Thereafter, Kamal (P.W.1) and Kesu (P.W.6) tried to save the victim Sharda then, the appellants assaulted the victims Kamal and Kesu also by sticks. Thereafter, they set the hut of the complainant on fire. An FIR was lodged at Police Station Bada Malhara and after due investigation, a charge -sheet was filed before the JMFC, Bijawar, who committed the case to the Court of Sessions and ultimately, it was transferred to 5th Additional Sessions Judge, Chhatarpur.

(3.) THE appellants abjured their guilt. According to them, the quarrel was initiated by the complainant herself and therefore, in defence Dr.K.P.Bamoriya (P.W.8) was recalled to prove the MLC report, Ex.D/6 of the appellant Manka.