ANIL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 8.8.2012 passed by the Additional Sessions Judge Pawai, District Panna in S.T. No.77/09, whereby the appellants were convicted for the offence punishable under Section 323 of IPC and sentenced for three months' R.I. with fine of Rs.1,000.00 and in default of payment of fine 15 days' R.I.

(2.) THE prosecution's case, in short is that, on 11.3.2009 the complainant Indradev Singh (PW-1) went to a place Khere for some purpose of worship. He was accompanied by his brother Bahadur Singh. The appellants were sat near the house of Phool Singh and consuming some liquor. Suddenly, Lokaiya Choudhary shouted that the appellants were assaulting the brother of the complainant and therefore, the complainant Indradev Singh rushed to the spot and he was beaten by the appellants. He was taken to the Police Station, Shahnagar, where his report was written in the Rojnamchasanah. The victim was sent to the hospital. He was kept as an indoor patient for a longer period. After due investigation, a charge sheet was filed before the J.M.F.C. Pawai, who committed the case to the Sessions Court Panna, and ultimately it was transferred to the Additional Sessions Judge, Pawai.

(3.) THE learned Additional Sessions Judge after considering the prosecution's evidence acquitted the appellants from the charge of the offence punishable under Section 307 of IPC, but convicted them for the offence punishable under Section 323 of IPC and sentenced as mentioned above.