STATE OF M P Vs. BHAGWANDAS

JUDGEMENT

(1.) THIS appeal is preferred against acquittal of respondent in Session Trial No. 205/84 decided by Shri M.A.S. Khan, 1st Addl. Sessions Judge, Morena on 21st February, 1996. It is alleged that on 8.1.1984 at About 3 O'clock in the night, Ramesh Chandra was admitted in the hospital at Morena. Ramesh Chandra was injured and since it was a medicolegal case, examining doctor. Dr. R.C. Srivastava has informed the Police of Police Station Kotwali, Morena at about 3:45 in the night.

(2.) HEAD Constable Raghunath Singh went to the hospital where written complaint (Ex. P 1) was given by injured Ramesh Chandra (PW 1). In the written complaint, it is mentioned that when Ramesh had gone to the house of his uncle Shrilal at about 11 O'clock in the night, respondent Bhagwandas and discharged accused namely Prabho W/o Balram, Balram S/o Gutai and Babulal S/o Sawla started abusing Shrilal. When injured Ramesh asked them not to do so, he was assaulted by axe on his head and shoulder by accused Bhagwandas. Bhagwandas has given three blows by axe on his head. Since condition of injured Ramesh was deteriorating his dying declaration was recorded at 6 O'clock in the morning by Dr. R.C. Srivastava. While framing charge from the material on record, Prabha, Balram, and Babulal were discharged vide order dated 5.4.1985.

(3.) THE report is (Ex. P14). Thus, four incised wounds were found on head and' 3" below the left scapula. Doctor has found that the injuries No. 1 to 3 were caused by sharp edged weapon and injury No. 4 was caused by hard and blunt object. In the X Ray, no fracture was found on the body of injured. The Doctor has found that, when (PW 1) Ramesh was admitted in the Hospital, his condition was serious.