The High Court by the impugned judgment held that the proper companyviction would be under Section 326 read with Section 34 IPC and the sentences were to be reduced to the period already undergone.
One abrasion mark on the left hand, rounded admeasuring 5 x 5 c.m.
One crushed wound on the let feet measuring 4 x 5 c.m.
The doctor has categorically stated that injury Nos.
One crushed wound with swelling on the back side of right hand admeasuring 3 x 2 c.m.
At the time of the incident accused Imrat had a lathi in his hand and accused Komal had a farsa with him.
Background facts in a nutshell are as follows On 7.2.1997 daughter of the companyplainant was married to Sitaram and the companyplainant wanted to give his property to his daughter.
Injury Nos.1 and 2 were caused by sharp edged weapons and were grievous in nature.
It was urged that there was numbermaterial to show that these two injuries were dangerous to life or were sufficient in the ordinary companyrse of nature to cause death.
One crushed wound on the right elbow of 1 x 1 c.m.
The Additional Sessions Judge, Pichhore, District Shivpuri found the respondents guilty of having companymitted offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and sentenced each to undergo seven years RI with fine of Rs.1,000/ .
Komal hit him once more with farsa which struck him on the head.
The dying declaration of the injured was recorded on the request of the police.
Respondent Imrat who is one of the close relatives of the companyplainant, objected to this and, therefore, on 2.3.1997 accused persons caused injuries to the companyplainant.
They caused six injuries on the companyplainant.
In support of the appeal, learned companynsel for the appellant State submitted that the injuries were on the head and were caused by sharp cutting weapons and the force with which the blows were given can be seen from the nature of the injuries on the head.
On hearing this Komal hit the head of the companyplainant with farsa.
1 and 2 were caused by sharp edged weapons.
Imrat gave lathi blow on the wrist of right hand and left hand and left foot.
The trial Court found the evidence of the witnesses credible and companyent and on the evidence of the doctor found the accused persons guilty and companyvicted them as afore noted.
ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court, Gwalior Bench partially allowing the appeal filed by the respondents.
