DAULAT RAM Vs. LEELARAM

JUDGEMENT

(1.) This Appeal has been filed under Sec. 378(4) Cr.P.C against the judgment dtd. 18/04/2006 passed in Criminal Case No.297/2005 by the Judicial Magistrate, First Class, Bemetara.

(2.) Brief facts of the case are that on 13.07.2002 at about 11-12 o 'clock in the mid day when complainant Daulat Ram (PW-1) was irrigating his field, the accused/Respondents had abused him and also started assaulting him with kudali and rapa (hoe and spade). The complainant sustained injuries on his person particularly on his head along with other parts of the body. The incident was reported by him at P.S Berla and he was recommended for medical examination but the police has not reported his case, therefore, he filed a criminal complaint before the Court of Judicial Magistrate First Class, Bemetera, which was registered under Sections 294 and 323/34 IPC against the accused/Respondents. The complainant has examined three witnesses i.e. the complainant himself as PW-1, Hemuram as PW-2 and Ballu as PW-3.

(3.) The accused/Respondents have denied the charges levelled against them and have stated in their written statement that they have been falsely implicated in the case. They have further stated that the complainant has assaulted them and no witness was examined in their defence.