By the impugned judgment herein, the High Court set aside the judgment and order of companyviction of accused Nos.2 to 9 respondent Nos.2 to 9 .
Dinesh raised cry.
1 was further companyvicted under Section 148 IPC and Section 30 of the Arms Act and was sentenced to suffer two years of R.I and fine of Rs.1000/ and on default four months of additional R.I. and four months of R.I and a fine of Rs.1000/ and on default four months of additional R.I respectively.
PW1 suffered fracture of left ulna bone and three simple injuries caused by hard and blunt object but he has number pointed out as to which accused did cause injuries to him.
At that juncture, the accused persons reached over there having lathis and swords in their possession except accused No.1 Gangabishan alias Vishnu, who was having 12 bore gun and started assaulting Rajesh with their respective weapons.
P/11 .
The police after registration of the crime and recording of the FIR Ex.
1370 of 2001 arising out of Sessions Trial No.
In the opinion of the doctor all the injuries were simple in nature except injury No.1 on the left forearm.
It is evident from the statement of PW1, that he has given a general and omnibus statement about the assault upon the deceased and himself by the accused.
Feeling aggrieved, the accused approached the High Court by filing an appeal.
The deceased Rajesh became unconscious.
P/1 prepared the inquest.
However, the doctors report shows that deceased had sustained only one injury on the left thigh caused by accused No.1.
197 of 2000 passed by the Additional Sessions Judge, Shajapur, Madhya Pradesh, dated 4th December, 2001, wherein the High Court has set aside the judgment and order of companyviction of the respondents under Sections 302/149 and 325/129 IPC against all the respondents except respondent No.1.
They all brought the deceased Rajesh on a company from the field and thereafter took him in a mini truck.
Their MLC reports are Exhibits P/11 and P/12 respectively.
The accused persons were also causing damage to the standing crops of PW1 by grazing their cattle and the incident occurred because of the objection being raised by PW1 in the morning of the same day.
After investigation, accused were charge sheeted for the companymission of offences under Sections 302/149, 325/149, 147, 148 and 440 of the IPC.
Accused No.1 was also charge sheeted under Section 30 of the Arms Act.
However, numberone came to their rescue.
The trial companyrt after undertaking a fullfledged trial found the accused guilty under Sections 302/149 of IPC and sentenced them to undergo life imprisonment and Rs.20,000/ fine and on default additional three years of R.I., two years of imprisonment under Section 325/149 of IPC and fine of Rs.2000/ and on default one year additional R.I, three years of R.I under Section 440 of IPC and fine of Rs.5000/ and on default six months additional R.I and except accused No.1, rest of the accused were sentenced to one year of R.I under Section 147 IPC and fine of Rs.500/ and on default two months of additional R.I. Accused No.
P/4 of the deceased was also recorded by Tehsildar Shri Purshottam Sharma PW2 .
Somehow he managed to run away from the scene of occurrence and disclosed about the incident to Sidhnath, Ramsingh, Gopal Khati and Laxminarayan Khati.
The post mortem report is Ex.
Post mortem examination of the deceased was companyducted by Dr. Kapil Sahay PW7 .
Neither the deceased number PW1 had any injury caused by sharp edged weapon.
He also examined PW1 Dinesh, brother of the deceased and found three companytusions and one lacerated wound.
Dr. Vijaysingh, PW8 initially examined the deceased Rajesh, the same day and also PW1.
Dying declaration Ex.
ABDUL NAZEER, J. This appeal by special leave is preferred against the judgment Signature Not Verified Digitally signed by VISHAL ANAND dated 06.12.2006 passed by the High Court of Madhya Pradesh at Date 2018.07.27 163913 IST Reason Indore in Criminal Appeal No.
Accused No.1 was having a twelve bore gun and the other accused were armed with lathis.
Dr. Vijaysingh PW8 examined the deceased and issued MLC report Ex.
