CHOUTHMAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 14.11.1996 passed by the learned First Additional Sessions Judge, Raisen in S.T. No.173/1992 whereby the appellant was convicted for the offence punishable u/s. 324 of Indian Penal Code and sentenced for two years rigorous imprisonment with fine of Rs.2000/-, in default of payment of fine six months rigorous imprisonment in addition.

(2.) PROSECUTION's case in short is that on 27.3.1992 at about 8 a.m. in the morning the victim Belan Singh (PW-5), brother of the complainant Bhawar Singh was standing on the street, out of his house, whereas the complainant Bhawar Singh was working in his field, suddenly the appellant appeared at the spot having farsa in his hand. He assaulted the victim Belan Singh by farsa for so many times causing him various injuries on his head, right hand and other places of the body. The victim was taken to the police station Salamatpur where complainant Bhawar Singh (PW-1) lodged an FIR Ex.P/1. The victim was sent to Primary Health Centre, Salamatpur for medical examination and treatment. Dr. S.K. Rai (PW-8) examined him and gave his report Ex.P/2. Initially he found an incised wound on the head of the victim by which blood was oozing. He found that some pieces of bone were cut and they went inside the wound. He referred the patient to the District Hospital, Raisen. After due investigation a charge-sheet was filed before the Chief Judicial Magistrate, Raisen who committed the case to the Sessions Court, Raisen. Ultimately, it was transferred to the First Additional Sessions Judge, Raisen.

(3.) THE learned First Additional Sessions Judge acquitted the appellant from the charge punishable u/s. 307 of the Indian Penal Code but convicted for the offence punishable u/s. 324 of IPC and sentenced him as mentioned above.