BIHARI Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this Judgment Criminal Appeal No. 541 of 1979 Ramnath and another v. State of M.P. is also disposed of as both these appeals arise out of Sessions Trial No. 25 of 1979. These four appellants have been convicted under sections 147 and 325/149, I.P.C. and each sentenced to rigorous imprisonment for one year and R.I. for 3 years and fine of Rs. 200/ - or in default further R.I. for 2 months respectively. Both the sentences to run concurrently. Three more accused were also convicted under these sections but they have been released on probation under section 6 of the Probation of Offenders Act and so they have not preferred any appeal.

(2.) THE facts found are that on 13.10.1978 at about 8.30 a.m. complainant Bittilal (P. W. 2) was sitting in the Parchhi of his house with his son Rameshwar (P.W. 1), wife Siyabai (P.W. 4) and daughter Komalbai (P.W. 7) and they were preparing bidis. A neigbbour Harbans Prasad (P.W. 3) was also sitting there. At that time, these four appellants Bihari, Jhalluram, Ramnath and Kalicharan and three others Rewa, Sitaram and Shambhu armed with sticks, ballam and farsas trespassed into the Parchhi and assaulted Bittilal and his wife causing them grievous injuries and then ran away from the spot. The F.I.R. Ex. P. 1 was lodged by Rameshwar at 9.45 a.m. in police station Sihore. The injured were sent for medical examination. Bittilal had fracture of the left humorous bone and 7th rib on the right side. Besides he had three swellings and one abrasion. Siyabai had compound fracture of the right frontal bone and right tibia bone and 2 bruises. The injuries have been proved by Dr. G.S. Kesharwani (P.W. 13). X -ray was taken by Dr. A.H. Khan (P. W. 11). The learned Addl. Sessions Judge found the prosecution story proved from the statements of Rameshwar (P.W. 1), Bittilal (P.W. 2), Harbans Prasad (P.W. 3), Siyabai (P.W. 4) and Komalbai (P.W. 7). There is further corroboration from the hostile witness Jeerabai (P.W. 5) who saw these appellants and 3 others who have been convicted in the courtyard shouting Maro Maro. The defence taken was that Bihari was assaulted by Rameshwar and Bittilal in front of their house and hearing his cries Ramnath, Rewa. Tula and Madhav Prasad rushed there and intervened. Ramnath also received an injury. Madhav Prasad (D.W. 1) has been examined to prove the defence version. The defence story has been disbelieved.

(3.) ACCORDINGLY , the appeals fail and they are dismissed. The appellants to surrender their bail forthwith for undergoing the sentence. Appeals dismissed. 1. A.I.R. 1976 S.C. 2163. 2. A.I.R. 1979 S.C. 1010.