PREM NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) The Appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure being aggrieved by judgment dated 2.7.2009 passed by the First Additional Sessions Judge, Gadarwara, District Narsinghpur in S.T. No. 110/2008 whereby the Appellant has been convicted under Section 325 of IPC and sentenced to R.I. for 2 years and fine of Rs. 100/- with default stipulation.

(2.) The prosecution's case in short is that on 27.4.2008 when complainant Hariom (PW-8) was going to take bath in holy river Narmada at about 7:00 am, Appellant and other co-accused persons assaulted him by Axe, rod and stick. It has been further alleged that there was no previous enmity. Father of complainant Annilal (PW-5) and Rajju @ Rajendra (PW-6) saved him. A report was lodged at P.S. Gadarwara. Complainant was sent for medical examination. Dr. A.P. Singh (PW-3) examined and found one lacerated wound and two other contusions on the body of complainant. In the x-ray examination, he did not find any fracture on the body of the complainant but found fracture in scapula bone of witness Rajju @ Rajendra as per Ex.P-16.

(3.) After usual investigation, Appellant and co-accused persons were charge sheeted before the trial Court. Trial Court framed the charges under Section 147, 325/149, 323/149, 323/149, 506-B of the IPC.