HARVIND SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 5.7.2011 passed by the learned Fourth Additional Sessions Judge, Chhatarpur in S.T.No.40/2011, whereby the appellant was convicted for the offence punishable under section 325 of IPC and sentenced for 2 years' rigorous imprisonment with fine of Rs.10,000/-. In default of payment of fine, 6 months' additional rigorous imprisonment was also directed.

(2.) THE prosecution's case, in short, is that, on 31.8.2010, at about 6 p.m. in the evening, the victim Mangal Singh (P.W.2) was going to answer the call of nature in the fields, situated at village Bila (Police Station Rajnagar, District Chhatarpur), the appellant alongwith co-accused Umakant met him in the way and asked for a sum of Rs.1,000/- for consumption of wine and for non-veg dinner. Thereafter, the appellant and his companions assaulted the victim Mangal Singh by sticks, causing him so many injuries. Other witnesses saved the complainant. The complainant went to the Police Station Rajnagar and lodged the FIR, Ex.P/2. He was sent for his medico legal examination to the Primary Health Center, Rajnagar. Dr. Vineet Sharma (P.W.1) examined the victim Mangal Singh and gave his report, Ex.P/1. He found various lacerated wounds and abrasions along with contusions at so many places on the body of the victim Mangal Singh. He referred the victim Mangal Singh for his x-ray examination. Dr. S.K.Chourasiya (P.W.5) examined the victim Mangal Singh radiologically at District Hospital, Chhatarpur and found a fracture of second metacarpal bone in the right hand. He gave his report, Ex.P/5. After due investigation, a charge- sheet was filed before the JMFC, Rajnagar, who committed the case to the Sessions Court, Chhatarpur and ultimately it was transferred to the Fourth Additional Sessions Judge, Chhatarpur.

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