SUDAMA PRASAD NAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of Code of Criminal Procedure has been filed by the accused/appellant against the judgment dated 10.3.1998, in S.T.No.32/1997, passed by II Addl. Sessions Judge, Sidhi, District Sidhi (MP), whereby learned II Additional Sessions Judge, Sidhi, found the accused/appellant guilty for offence punishable under Section 326 of Indian Penal Code and sentenced him to undergo R.I. for 5 years and fine of Rs.2,000/- with default stipulation.

(2.) Prosecution case in brief is that on 27.12.1996, at about 8:00 AM, husband of complainant/injured Devwati (PW/1) had gone to answer the call of nature towards a Nala. Mamta (PW/2), who is daughter of complainant/injured had gone to fetch water from a well of accused/appellant and when Mamta (PW/2) was returning, she saw that accused/appellant was cutting tree of plum and 'Jarwa' from the disputed land. Complainant/injured Devwati (PW/1) has raised objection to do the same, then accused/appellant armed with Tangi (Axe), abused her and assaulted by means of Tangi, due to which she sustained grievous injuries on her head and left armpit. Thereafter, complainant/injured Devwati (PW/1) fell down and became unconscious. Her daughter Mamta (PW/2) tried to save complainant/injured Devwati (PW/1), then accused/appellant also inflicted injury on her. Ramswaroop (PW/3) reached on the spot, then accused/appellant fled away. Ramswaroop (PW/3) lodged FIR vide Ex.P/1, which was recorded by Head Constable, Awadhraj Singh (PW/7). Devwati (PW/1) and Mamta (PW/2) were sent for medical treatment, where Dr. V.B. Singh (PW/6) examined Devwati (PW/1) vide Ex.P/7.

(3.) Prosecution examined 10 witnesses. Accused/appellant did not produce any defence witness in his defence. Learned trial Court after appreciating the evidence, found that the accused/appellant inflicted grievous injuries on the injured Devwati (PW/1), therefore, convicted and sentence him as aforesaid.