STATE OF MADHYA PRADESH Vs. VEERU

JUDGEMENT

(1.) THE appellant/State has preferred this appeal against the judgment dated 11.9.1997 passed by the Chief Judicial Magistrate, Raisen in Criminal Case No.510/1996 whereby the respondents were acquitted from the charges of offence punishable under Sections 147, 148, 342, 325 & 326 read with Section 149 of I.P.C.

(2.) PROSECUTION's case, in short, is that on 18.8.1990 at about 8.00 p.m the complainant Mangal Singh (PW1) was watching TV in the shop of Nathu Miya at Village Amrawad (Police Station Raisen, District Raisen). At about 8.30 p.m respondents Veeru @ Ram Chandra, Omkar, Prem and Narbada along with one Kishan came to the spot and covered Mangal Singh's eyes with a strip of cloth and thereafter, they assaulted the complainant with sticks. Around 3.00 - 4.00 a.m in the night they took him to the Chikni Ghati and respondents Veeru and Omkar chopped off four of his fingers from both the hands with the help of an axe. At that time the respondents Prem and Narbada and one Kishan held the complainant bound with a rope. The offence was caused by the respondents because of the enmity between the complainant and the respondents caused by the complainant taking his cattle through the medh of the field of the respondents. The complainant was left at the hospital where he lodged a Dehati Nalishi Ex.P/1 before ASI Chhatarpal Singh Solanki (PW9). A requisition for his medical examination was given by Shri Solanki. Dr. J.P. Naik (PW6) examined the complainant and gave his report Ex.P/9. He found some blunt injuries on the back, right thigh and left elbow of the victim Mangal Singh but, two fingers of his left hand and two fingers of his right hand were found cut with a sharp cutting weapon and therefore, the victim was referred for his X-Ray examination. Dr. A.C. Agrawal (PW7) after performing the radiological examination of the complainant gave his report Ex.P/11. He found that there were fractures caused due to four fingers in both his hands being cut. In the right hand the first phalanx of ring finger and middle finger were absent and the fracture was visible. Similarly in the left hand the first phalanx of ring finger and middle finger were absent and fractures were found on such bones. After due investigation a charge sheet was filed before the Chief Judicial Magistrate, Raisen.

(3.) I have heard the learned counsel for the parties.