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2009 Supreme(SC) 470

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Siyaram – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For the Appellants :S.S. Khanduja, Yash Pal Dhingra, Advocates.
For the Respondents:S.K. Dubey, Sr. Adv., Naveen Sharma, B.S. Banthia, Yogesh Tiwari, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Madhya Pradesh High Court setting aside the judgment of acquittal recorded by learned Chief Judicial Magistrate, Morena. Appellants had faced trial for alleged commission of offences punishable under Sections 148, 149, 294 read with Sections 149, 326 read with Sections 149 and 336 read with Section 149 Indian Penal Code, 1860 (IPC).

3. Background facts in a nutshell are as follows:

On 28.6.1994 complainant Ramniwas, his brother Om Prakash and Radheshyam were doing work in the land in respect of which stay order had been obtained by Siyaram. At the time of demarcation of the land both the parties were present but due to dispute between both the parties, one panchnama was being prepared. Siyaram refused to sign in the panchnama and a report was lodged by the complainant against them. Appellants came there with deadly weapons like lathi, farsa and sword etc. Accused Ramsewak inflicted injuries by farsa on the complainant. He has caused injuries to his left hand and the accused caused injuries to his brother by sword and also caused injuries to his younger













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