G.S.AHLUWALIA,J. - (1.)This Criminal Appeal under section 374 of CrPC, 1973 has been filed against the judgment and sentence dated 13/03/2009, passed by Special Judge (Scheduled Castes and Scheduled Tribes, Prevention of Atrocities Act), Shivpuri in Special Sessions Trial No.168/2007, by which applicant No.1-Hukum Singh has been convicted under Section 325 of IPC and appellant Nos.2,3, 4, namely, Chenu, Pappu alias Lal Singh Yadav and Smt. Rajkumari have been convicted under Section 325/34 of IPC, whereas appellant No.3 Pappu alias Lal Singh Yadav has been convicted under Section 324 of IPC and appellant Nos.1, 2 and 4, namely, Hukum Singh, Chenu and Smt. Rajkumari have been convicted under Section 324/34 of IPC and have been sentenced to undergo rigorous imprisonment of one year and fine of Rs. 2,000/- with default imprisonment, for offence under Sections 325, 325/34 of IPC and rigorous imprisonment of six months and fine of Rs. 1,000/- with default imprisonment, for offence under Sections 324, 324/34 of IPC respectively.
(2.)Challenging the findings given by the trial Court, it is submitted by the counsel for the appellants that according to the prosecution case, when the first informant Baiju (PW1) and other injured persons, were coming back from the police station after lodging a report with regard to assault on Kaptan Singh (PW4), they were waylaid and the appellants assaulted Baiju (PW1), Sawailal (PW2) and Parvati Bai (PW3). The first informant Baiju (PW1) lodged a report at police station Dinara, District Shivpuri, on which the police registered an offence under Sections 341, 294, 323, 506B, 34 of IPC and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act.The injured persons were sent for medical examination. It was found that Sawailal (PW2) had suffered fracture of lateral end of clavicle bone and other injured witnesses had suffered contusions, incised wounds and lacerated wounds. The police, after recording the statements of the witnesses and completing the investigation, filed the chargesheet against the appellants for offence under Sections 323, 324, 325, 341, 294, 506B, 34 of IPC.
(3.)The trial Court by order dated 29/02/2008 framed the charges under section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Sections 323, 324, 325 of IPC or in the alternative, under Sections 294 of IPC and Sections 323/34, 324/34, 325/34 of IPC.