ATIBAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Revision under Section 397 / 401 of Cr.P.C. has been filed against the judgment and sentence dated 2-4-2005 passed by 2nd A.S.J. (Fast Track Court), Sheopur in Criminal Appeal No.68 of 2005, by which the judgment dated 31-1-2005, passed by C.J.M., Sheopur in Criminal Case No.132/1990 was affirmed, by which the applicants were convicted under Section 148 , 326 / 149 of I.P.C.. The applicants were directed to undergo the rigorous imprisonment of 6 months and fine of Rs.250/- and rigorous imprisonment of three years and fine of Rs.750/- with default imprisonment respectively, however, in appeal, the jail sentence of rigorous imprisonment of 3 years awarded by the Trial Court was reduced to rigorous imprisonment of 1 year and a fine of Rs.750/- with default imprisonment.

(2.) The necessary facts for the disposal of the present revision in short are that on 14-10-1989, the complainant was sitting on a platform, situated outside his house. All the applicants came there. The applicant Atibal was armed with Gadasi, whereas Chhitu, Ramswaroop and Siyaram were armed with ballam, whereas Mohan and Laxman were having lathis. All the applicants surrounded the complainant and Chhitu gave a ballam blow on the head of the complainant, whereas Siyaram caused ballam injury on the left elbow of the complainant. Ramswaroop gave a ballam blow on the left thigh of the complainant, whereas Atibal gave a Gadasi blow below the left eye of the complainant. Mohan and Laxman also assaulted him by lathis. Ghanshyam while intervening in the matter, caught hold the ballam of Siyaram, as a result of which he sustained an injury on his eye and leg. Similarly, Kanhaiya also sustained injuries during his intervention in the matter. Malkhan and Sugreev also intervened in the matter. On the report of the complainant, the FIR was registered. Spot Map, Ex. P.2, and the statements of the witnesses were recorded. Injured Deviram, Ghanshyam and Kanhaiya were got medically examined. The police after completing the investigation filed the charge sheet against the applicants. The matter was committed, however, it was again sent back to the Court of Magistrate, and accordingly, the case was tried by the Magistrate.

(3.) The Trial Court after recording evidence and hearing both the parties, convicted the applicants for offence under Sections 148 , 326 / 149 of I.P.C. and sentenced them to undergo the rigorous imprisonment of 6 months and a fine of Rs.250/- with default imprisonment and rigorous imprisonment of 3 years and fine of Rs.750/- with default imprisonment.