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MADHYA PRADESH HIGH COURT
, J
Papa @ Laxmi Kant – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction was based on the assault evidenced by medical examinations. (Para 1 , 4) |
| 2. witness testimonies revealed inconsistencies affecting the reliability of evidence. (Para 2 , 3) |
| 3. culpability requires proof of common intention among co-accused. (Para 12 , 13) |
| 4. sentence modification reflects considerations of youth and circumstances. (Para 14 , 15) |
1. This criminal appeal is preferred by the appellants being aggrieved by the judgment dated
29/7/2009 passed by the Additional Sessions Judge, Piparia District Hoshangabad in ST No. 165/2008, whereby the appellants were convicted for commission of offence punishable under S.325/34 of IPC and each of them was sentenced for two years' RI with fine of Rs.1000/- with additional three months' RI in default of payment of fine.
2. The prosecution's case, in short, is that on 26/01/2008 at about 10:00 PM in the night the victim Farukh Sheikh (PW 3) was passing through Gandhiganj, Pachmadi by his vehicle. On the road some persons including the appellant Papa @ Laxmi Kant were dancing on the road, and therefore a dash took place to the appellant Papa @ Laxmi Kant. The appellant Papa @ Laxmi Kant started abusing the complaina
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