DAYARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 29.11.1996 passed by the 3 rd Additional Sessions Judge Sagar, Camp Rehli in S.T. No.163/93, whereby the appellant was convicted for the offence punishable under Section 326 of IPC and sentenced for three years' R.I. with fine of Rs.500.00. In default of payment, five months' R.I. in addition was directed.

(2.) THE prosecution's case in short is that on 21.3.1993 at about 2:45 p.m. in the afternoon, the appellant assaulted his wife Siyarani by a Katarna on her neck. Thereafter, he assaulted on her chin. On hearing her shouts, the witness Kashiram Patel (PW-1) reached to the spot. He tried to save the victim Siyarani but in the meantime, the appellant also assaulted by the Katarna to Preetam (PW-5), elder brother of the complainant Kashiram. Sheelrani (PW-4), Premrani (PW-2), Laxmikant (PW-9) etc. came to the spot and they saved the victims. Thereafter, the appellant ran away from the spot. The complainant Kashiram had lodged an FIR Ex.P/1 at Police Station Garha Kota, District Sagar. The victims Preetam and Siyarani were directed for their medico legal examination. Dr. Smt. Kiran Singh (PW-3) examined the victims Preetam and Siyarani and gave her reports Ex.P/2 and P/3 respectively. One incised wound was found to the victim Preetam on his fronto parietal region, he was unconscious and therefore he was referred for radiological examination and treatment. Dr. Smt. Kiran Singh found two incised wounds to the victim Siyarani. One was near the left ear, on her jaw and second one was on her chin. The victim Siyarani was also referred for radiological examination and sent for treatment. Dr. Kiran had opined that the injuries caused to the victim Siyarani were grave. Dr. M.K. Choubey (PW-12) after radiologically examination found that there was a fracture to the victim Preetam on back of his ear. A report Ex.P/15 was given by Dr. M.K. Choubey. After due investigation, a charge sheet was filed before the J.M.F.C. Rehli, who committed the case to the Sessions Court, Sagar and ultimately, it was transferred to the 3rd Additional Sessions Judge, Sagar.

(3.) THE learned 3rd Additional Sessions Judge, Sagar after considering the evidence adduced by both the parties, acquitted the appellant from the charge of offence punishable under Section 307 of IPC, but convicted him for the offence punishable under Section 326 of IPC and sentenced as mentioned above.