STATE OF M P Vs. BHARAT LAL

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 5-1-1995 passed by the Court of Judicial Magistrate First Class, Seoni in Misc. Criminal Case No. 341/91, whereby the respondent has been acquitted from the charge punishable under Section 325 of the Indian Penal Code. The case of the prosecution is that on 3-12-1989 at about 10.00 o'clock, when Girjabai was having meal, some altercation took place between Girjabai and her daughter-in-law Dhanwantabai, then Bharatlal brother of Dhanwantabai caught hold of the hands of Girjabai and assaulted her by Chappal; as a result she sustained injuries. Immediately thereafter Girjabai lodged a report at Police Station, which was recorded in Rojnamcha Sanha No. 95 by Man Singh (P.W. 5), Head Constable. She was sent for her medical examination. The doctor has advised her for X-ray. In X-ray her writ bone of left hand was found broken. On the basis of the medical and the X-ray report, Crime No. 279/89 under Section 325 of IPC was registered against the respondent at Police Station Barghat. The police took cognizance of the matter, prepared the map of the spot, recorded the statements of witness and arrested the accused. After completing the investigation, a charge-sheet was filed in the Court of Chief Judicial Magistrate, Seoni.

(2.) The accused abjured the guilt and pleaded innocence.

(3.) The prosecution examined seven witnesses and the respondent examined two witnesses in his defence. After appreciating the evidence, the Trial Court did not find the respondent guilty under Section 325 of IPC and acquitted him from the charge levelled against him. Being aggrieved by the impugned judgment of acquittal, the instant appeal has been preferred by the State of Madhya Pradesh, after taking leave from this Court on the grounds mentioned in the memo of appeal.