BUDHLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374 (2) of the Cr.P.C. has been filed by the appellants being aggrieved by the judgment dated 17.03.2007, passed by learned ASJ, Budhar, in ST No. 38/2006, wherein the appellants have been convicted for offences punishable under Sections 325 and 302 read with Section 34 of the IPC and sentenced to undergo RI for 3 years and RI for life with fine of Rs.1,000/- and Rs.5,000/-, each respectively, with stipulated default.

(2.) As per the prosecution story " Kesh Kumari (PW-2) lodged FIR on 002006 stating that at about 12:00 noon, the appellants " Ram Prasad, Praram Sukh, Budhlal and Ram Kishun Shah were trying to dig the drain in her field to supply water from the tube-well to their agricultural land. Her son -Shiv Kumar came to the field and stopped the accused persons from taking water and asked them to take water by putting pipe/tube and not to dig his land for supply of water.

(3.) Shiv Prasad Singh, ASI (PW-8) written the report (Exhibit P-5). Shivshankar was sent for medical examination along with Keshkumari to Community Health Centre, Baidhan.