RAMSURAT ALIAS MARRA Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal is preferred by the appellant being aggrieved by the judgment dated 26/9/1996 passed by the 5 th Additional Sessions Judge, Rewa in ST No.92/1992, whereby the appellant was convicted for commission of offence punishable under Sections 333, 448 and 294 of IPC and sentenced for two years' rigorous imprisonment with fine of Rs.1,000/-, fine amount of Rs.300/- and fine amount of Rs.200/-. The default sentence was directed for 3 months' SI, one month's SI and 15 days' SI respectively.

(2.) The prosecution's case, in short, is that on 28.4.1992 Gajraj Singh (PW-3) was working as Incharge Principal in the Government Higher Secondary School, Panwar (Rewa). At about 8:30 AM in the morning he took a round of the examination centre. He found that some persons were giving objectionable material to a boy sitting at Roll No.117 from a hole in the wall, therefore Gajraj Singh shifted the seat of that boy. Thereafter, he was taking round of other places. The appellants entered in the school premises and started abusing against the complainant Gajraj Singh with obscene words and also assaulted him. Due to the assault, he sustained injury on his left jaw. He lost one tooth. Some injuries were also caused in his hand and other parts of the body. He gave a written report Ex.P-3 to the SHO Police Station Panwar District Rewa by which a case was registered with FIR Ex.P-7. The complainant was sent to the hospital for his medical legal examination and treatment. Dr. R.D.Sharma (PW-1) after examining the victim Gajraj Singh gave his report Ex.P-1. He found a contusion on the left jaw of the victim and also found one molar tooth broken on the left side of the row. Blood was also oozing from that place of the tooth. He also found that there were abrasions on the index finger and middle of the right hand of the victim. After due investigation, a charge sheet was filed before the Judicial Magistrate First Class, Teonthar, who committed the case to the Sessions Judge and ultimately it was transferred to the 5 th Additional Sessions Judge, Rewa.

(3.) The appellants-accused abjured their guilt. They had stated that there was a dispute between the complainant and the parents of the appellants relating to some construction of Shakti Peeth and unauthorized residence of the complainant in that Shakti Peeth, and therefore they were falsely implicated in the matter due to such enmity. In defence Sant Kumar Mishra (DW-1) and Bharat Prasad Mishra (DW-2) were examined to show about the enmity and that an accident took place of the complainant by a motorcycle.