STATE OF CHHATTISGARH Vs. SADHURAM

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment dated 4th August, 1997 passed by Judicial Magistrate First Class, Dhamtari in Criminal Case No.684/89 whereby the respondents/accused have been acquitted of the charge under Section 325 / 34 of IPC.

(2.) Allegation against the respondents/accused is that on 9 th October, 1989 at around 9-10 pm when complainant Daulal was watering his field, he was informed by one Kailash that accused Sadhuram damaged the bund of the field, on which Daulal reached the spot where he was assaulted by the accused persons with club. Complainant sustained injuries in his back and other parts of the body. The complainant was got medically examined vide Ex.P/1. On his report offence was registered against the accused persons under Section 325 / 34 of IPC. After completion of investigation charge sheet was filed against the accused under Section 325 / 34 of IPC.

(3.) During trial, charge under Section 325 / 34 of IPC was framed against all the accused, who denied the charge and pleaded innocence. In support of its case the prosecution examined 11 witnesses. Statements of the accused persons were recorded under Section 313 of CrPC in which they denied the incriminating circumstances appearing against them in the prosecution case and pleaded innocence. However, no witness was examined by them in defence.