CHOTUDAS Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of Cr.PC has been preferred being aggrieved by the judgment dated 24-10-2009 passed by Shri B.D. Rathi, Special Judge, Rajgarh Biora in Sessions Trial No. 3/00 by which the appellant Chotudas has been convicted under Section 324 of the IPC and sentenced with RI of one year.

(2.) According to prosecution case on 22-6-99 at 7.00 a.m. when complainant Omprakash was going for labourship, as soon he came out of the house, accused Chotudas came with knife and abused him and said that your family members used to hear their talks by standing in the lane. Omprakash refused on this Chotudas assaulted him with knife which caused bleeding injury on right side of his head. On his cries, his sister Bhagwatibai came to his rescue then accused Balu assaulted her with knife in her left hand which caused bleeding injury. Gulabbai caught Bhagwatibai and after lying her on earth, assaulted her with kicks due to which she sustained injury in her stomach and she became unconscious. Chotudas again assaulted her by knife which caused injury in her left palm. Accused also abused them. Bhawarlal came and pacified the matter. Hence on report Crime No. 90/99 was registered at Police Station, Khujner Distt. Rajgarh Biora. After investigation challan was filed against Chotudas, Balu and Gulabbai. Balu and Gulabbai have been acquitted by the Trial Court and appellant has been convicted as mentioned above; hence this appeal.

(3.) It has been argued on behalf of the appellant that the statement of Omprakash (P.W. 2) about his injuries by knife, was not supported by medical evidence. Other witnesses have also not supported the fact that Chotudas assaulted by knife to Omprakash. There were material discrepancies in the statement of witness. Enmity in both the sides is admitted. The evidence has not been appreciated in the proper perspective. Hence appeal should be allowed.