DILIP RAOSAHEB DESHMUKH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment dated 14. 2. 2003 delivered by the 1st Additional Sessions Judge, mahasamund in Criminal Appeal No. 149/2001, whereby while affirming the conviction of the applicant herein under Section 326 of the Indian Penal Code by the Chief judicial Magistrate, Mahasamund in Criminal case No. 1012/1995 the sentence of rigorous imprisonment for 3 years and fine of rs. 3,000 was reduced to rigorous imprisonment for 2 years and fine of Rs. 3,000.

(2.) BRIEFLY stated the prosecution case is that Vaidehi, the wife of the applicant herein was living in her maternal home at Village baldidih since a year prior to the date of occurrence. The applicant had on 21. 4. 1995, gone to Village Baldidih to attend the wedding of the sister of Vaidehi. On the date of occurrence, at about 2 p. m. , the applicant asked Vaidehi to accompany him to her matrimonial home and on her saying that she would accompany him after having meals, the applicant went to the nearby room, fetched a Tangiya and assaulted vaidehi by the Tangiya on the left elbow. Blood started oozing from the wound. The applicant thereafter ran away with the tangiya. Sister Bodhanibai, PW2, her husband Udhav Kumar Nishad, PW3, parmanand, PW4, brother of Valdehi, hembai, PW8, mother of Vaidehi and renuka, PW9, wife of Parmanand saw the occurrence. Report was lodged at 3. 15 p. m. by Vaidehi on 21. 4. 1995 at Police Station pithoura. Dr. Mrs. P. Baghel, PW6 examined vaidehi at 4. 10 p. m. on 21. 4. 1995 and found one lacerated wound over left elbow joint 7 cms x 5 cms x 2 cms skin deep, bone visible with fresh bleeding. She opined that the injury which was grievous in nature could have been caused by a hard and blunt object within 2 hours. She referred Vaidehi to D. K. hospital for hospitalization and management. Vaidehi was admitted at D. K. hospital, Raipur on 21. 4. 1995. It was found that she had compound fracture of the left olecran. Vaidehi was discharged on 25. 4. 1995 vide discharge certificate Ex. P1, which was proved by Dr. K. Sudarshan, PW 5 retired Professor of Surgery in Orthopaedics. After completion of investigation, the applicant was prosecuted under Section 326 of the Indian Penal Code.

(3.) THE applicant abjured the guilt and pleaded that when he asked Vaidehi to accompany him to his house, Udhav, PW3 prevented Vaidehi from going with the applicant and ran towards the applicant with an axe. At that point of time, while Vaidehi was preventing Udhav from assaulting him, he left for his home and did not know how vaidehi sustained the injury.