ORDER

This Criminal Revision under Section 397 read with Section 401 of Cr.P.C is filed assailing the order dated 20.12.2023 passed by learned Additional Sessions Judge, Mehgaon (MP), in Criminal Appeal No.72 of 2020 whereby, the order dated 30.01.2020 passed by Judicial Magistrate First Class, Mehgaon, District Bhind in RCT No.300/2013 has been affirmed. The revision petitioners have been convicted and sentenced as under:-

Accused Conviction U/s Sentence Fine Default (in lieu of fine) Rajendra 325 of IPC (for causing injury to injured Devendra) 324/34 of IPC (for causing injnury (for causing injury to Shashikant) 323/34 of IPC (for causing injury to injured Sonu) 323/34 of IPC (for causing injury to injured Ramprakash) 2 years RI 1 year RI six months RI six months RI Rs.300/-

Rs. 200/-

Rs. 100/-

Rs. 100/-

6 months Three months one month one month Ramgopal 325/34 of IPC (for causing injury to injured Devendra) 324 of IPC (for causing injnury (for causing injury 2 years RI 1 year RI Rs.300/-

Rs. 200/-

6 months Three months to Shashikant) 323/34 of IPC (for causing injury to injured Sonu) 323/34 of IPC (for causing injury to injured Ramprakash) six months RI six months RI Rs. 100/-

Rs. 100/-

one month one month Jitendra 325/34 of IPC (for causing injury to injured Devendra) 324/34 of IPC (for causing injnury (for causing injury to Shashikant) 323 of IPC (for causing injury to injured Sonu) 323/34 of IPC (for causing injury to injured Ramprakash) 2 years RI 1 year RI six months RI six months RI Rs.300/-

Rs. 200/-

Rs. 100/-

Rs. 100/-

6 months Three months one month one month Mohan325/34 of IPC (for causing injury to injured Devendra) 324/34 of IPC (for causing injnury (for causing injury to Shashikant) 323/34 of IPC (for causing injury to injured Sonu) 323 of IPC (for causing injury to injured Ramprakash) 2 years RI 1 year RI six months RI six months RI Rs.300/-

Rs. 200/-

Rs. 100/-

Rs. 100/-

6 months Three months one month one month (2) As per the case of prosecution, Ramprakash reported to Police Station Gormi, District Bhind that on 21.05.2013 around 11:00 in the night, matrimonial procession for marriage of his daughter was coming on the public way in Village Agnupura. His neighbour Mohan Singh, Jitendra, Ramgopal and Rajendra (revision petitioners) came intoxicated and started abusing the band master. He objected to abuses. Mohan assaulted with wooden stick (lathi) on his head. Shasikant and Devendra intervened. Rajendra, Jitendra and Ramgopal assaulted Shasikant, Ramprakash and Sonu with wooden stick and spade. The accused were threatening to kill them. On such allegations, Police Station Gormi, District Bhind registered FIR at Crime No.120/2013 for offence punishable under Sections 323, 324, 294, 506-B and 34 of IPC. The injured were forwarded for medico-<br/>

legal examination. On X-ray examination, fracture on ulna bone of Devendra was found. Therefore, prosecution for offence punishable under Section 325 of IPC was added. On completion of investigation, final report was submitted. After trial, the accused were convicted and sentenced as aforementioned.

(3) Convicts- Mohan, Ramgopal, Jitendra and Rajendra preferred an appeal before learned Sessions Judge, Mehgaon, District Bhind assailing the judgment of conviction and order of sentence dated 30.01.2020 passed in RCT No.300/2013. Learned Additional Sessions Judge, Mehgaon rejected the appeal and affirm the judgment of conviction and order of sentence passed by the learned trial Court.

(4) Being aggrieved by the judgments passed by learned trial Court and learned First Appellate Court, present criminal revision has been filed challenging the concurrent judgment of conviction and order of sentence.

(5)During pendency of this criminal revision, I.A. Nos.1700/2024, 1701 of 2024, 8647/2024 and 8648/2024 under Sections 320 (2) and 320(1) of Cr.P.C respectivel