STATE OF MADHYA PRADESH Vs. BODHAN SINGH

JUDGEMENT

(1.) This State appeal is directed against the judgment and order dated 20.7.1993 passed by the learned Judicial Magistrate First Class, Ambagarh Chowki, District Rajnandgaon in Criminal Case No. 131/1986 whereby the respondents have been acquitted of the charges under Sections 325 & 341 and 147 and 149 of the I.P.C. by permitting them to compound the offence under Section 320 (1) & (2) of the Cr.P.C.

(2.) The prosecution story in brief is that on 29.3.1986 while the complainant Bir Singh was going to bring straw from his thrashing field, the respondent along with other accused persons Mehru and Chamar Ram obstructed him and by saying (matter in other language) assaulted him with lathi and club, due to which, the complainant sustained fracture on his left hand. On hearing the outcry of the complainant, the matter was intervened by Umendi and Horilal. Thereafter, the report was lodged and after recording the statements of the witnesses, the charge sheet was filed in the Court of Judicial Magistrate First Class, Ambagarh Chowki, Rajnandgaon under Sections 147, 149, 325 and 341 of the IPC.

(3.) The trial Court framed charges under Sections 147, 341, 325 and 149 of the I.P.C. against the respondent and other accused persons. The respondents abjured the guilt.