NANDULAL VERMA Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal being aggrieved by the judgment and conviction passed by IVth Additional Sessions Judge, Bhopal in S.T. No. 300/94 vide impugned judgment dated 29/03/96 whereby being convicted u/s 324 of IPC, he has been sentenced to undergo RI for 2 years with fine of Rs. 200/- in default to suffer further RI for 10 days.

(2.) As per the prosecution case on30/04/94 some altercation took place between complainant Kanhaiyalal and appellant. Meanwhile, appellant assaulted him by empty bear bottle on his stomach. Just after the incident, named FIR Ex.P-10 was lodged in police station Habibganj. Injured was referred for medical treatment to Hamidiya Hospital where PW-10 Dr. Ashutosh examinedhim and found the injuries described in Ex.P-12 MLC report. After due investigation, charge sheet was filed.

(3.) Injured PW-6 Kanhaiyalal has fully supported the incident and just after the incident named FIR Ex.P-10 was lodged. Independent witnesses PW-1 Waseer Khan, PW-2 Ramchandra and PW-3 Shafiq have not supported the prosecution case and declared hostile. At the time it is relevant to note that just after 65 minutes of the incident, named FIR Ex.P10 against the appellant was lodged by the injured. There was no reason that why on the cost of real assailant complainant will falsely implicate the appellant. The court below has rightly convicted appellant under the aforesaid section.