MAHENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is directed against the judgment dtd. 25/6/2018 passed by the High Court of Madhya Pradesh, Bench at Gwalior in Crl. Revision No. 156 of 2009 upholding conviction of the appellants for offence under Sec. 325 read with Sec. 149 of the IPC and sentence of one year RI and a fine of Rs.500.00 and in default with imprisonment for one month.

(3.) The facts in brief which emanate from the record are that the complainant had lodged a report against the appellants and 18 others on that basis FIR was registered on 27/11/2004 at about 13.00 hours and a charge-sheet was submitted against the appellants and 18 other accused persons under Ss. 148, 294, 341/149, 325/149 (2 counts), 323/149 (4 counts), 324/149 and 427/149 of IPC. In the report it was stated by the complainant that on 27/11/2004 at about 10.00 a.m. he and his sons had gone to a village in order to lift the engine of a tractor and when they were coming back after lifting the engine in their tractor trolley, on the way 15-20 persons who were armed with lathi and axe came there with a common object of eliminating them and started beating his son Bachna with lathi and axe by abusing him with filthy language. They were Mahendra Singh, Roop Singh, Khilan Singh son of Halkai, Bhujbal and 10 to 12 other persons, whose names are not known to him. The Trial Court charge-sheeted 20 persons under Ss. 148, 294, 341/149, 325/149 (2 counts), 323/149 (4 counts), 324/149 and 427/149 of IPC, which was denied by the accused persons.