SHIVNARAYAN RAJWADE Vs. GAMBHIR SAI

JUDGEMENT

(1.) As the aforesaid three appeals arise out of common judgment dated 22-4-2019, they are heard analogously and are being disposed of by this common judgment.

(2.) These three acquittal appeals are preferred against the judgment dated 22-4-2019 passed by 3rd Additional Sessions Judge, Ambikapur, CG in Criminal Appeals No. 122 of 2018, 125 of 2018 and 123 of 2018 whereby respondents No. 1 to 4 in Acquittal Appeal No. 472 of 2019, respondents No. 1 to 3 in Acquittal Appeal No. 125 of 2018 and respondent No.1 in Acquittal Appeal No. 123 of 2018 are acquitted of the charge under Section 323 read with Section 149 and 506 Part II of IPC, 1860.

(3.) In the present cases, date of incident as alleged in the complaint is 22-11-2002 at about 3.30 p.m.. at village Mendra. As per version of the appellant/complainant, all the above respondents with a common intention entered into the field of appellant's bearing Khasra No.334/2 and 334/3 and assaulted the appellant and threatened him to kill. On the report of complainant they were charge-sheeted but acquitted by the said Court. As per version of the appellant, case of the prosecution is proved by the evidence of the appellant and other witnesses but the trial court recorded finding that medical expert was not examined in the present case. As per appellant, for commission of offence under Section 323 of IPC, 1860, examination of the medical expert is not required. No defence witness was examined in the present case to rebut the evidence adduced by the appellant and their names are mentioned in the FIR which is promptly recorded, therefore, finding of the sessions court is liable to be set aside and the said respondents be convicted and sentenced for the said offence.