SUDAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 30.08.2010 passed by the 3rd Additional 5th Sessions Judge to the Additional Sessions Judge, Chhindwara in S.T. No.149/10, whereby the appellant was convicted for the offences punishable under Sections 326 & 324 of IPC and sentenced for five years' R.I. with fine of Rs.1,000/- and one year's R.I. with fine of Rs.500/- respectively. In default of payment of fine, he was to undergo for six months' and three months' R.I. respectively.

(2.) THE prosecution's case in short is that, on 25.2.2010 at about 9:30 a.m. in the morning, the complainant Savita (PW-2) was working near a dam with her mother Dukhiya Bai (PW-5) then, the appellant came to the spot and started quarrel with the victim Dukhiya Bai. He had blamed that as to why his wife was kept by the victim Dukhiya Bai, mother-in-law of the appellant. After abusing her for sometime, he assaulted the victim Dukhiya Bai with a sword causing injuries on her right eye, head and back at scapula region. The complainant Savita intervened in the matter then, the appellant also assaulted her by the sword causing her injuries near the right thumb and on the right hand. The complainant Savita took the victim Dukhiya Bai to the Government Hospital, Damua for her treatment and also lodged an FIR Ex.P/4 at Police Station, Damua. Dr. R.K. Vishwakarma (PW-1) had examined the victim Dukhiya Bai and gave a report Ex.P/1. He found three injuries to the victim Dukhiya Bai, 1st on the right head, 2nd near the right eye and

(3.) AFTER considering the prosecution's evidence, the learned 5th Additional Sessions Judge convicted the appellant for the offences punishable under Sections 326 & 324 of IPC and sentenced him as mentioned above.