STATE OF MADHYA PRADESH Vs. AMARNATH

JUDGEMENT

(1.) THE appellant/State has preferred this appeal against the judgment dated 10.4.1997 (Shri Sudip Kumar Shrivastava) passed by learned JMFC Amarpatan, District Satna in Criminal Case No.260/1994 whereby the respondent was acquitted from the charges of offence punishable under Section 324 of I.P.C.

(2.) PROSECUTION's case in short is that on 19.7.1991 the victim Shobnath Patel (P.W.1) was grazing cattles near garden of accused situated in village Mohat, Police Station Amarpatan. At about 10.00 a.m, the respondent came to the complainant and started talking. Thereafter, he assaulted the victim by a stone causing injury near his left eye. Thereafter, he assaulted the victim by a stick for two times on his legs. Incident was seen by the witnesses Ram Sanjivan (P.W.2) and Manti (P.W.3) etc. The complainant, Shobnath went to the Police Station, Amarpatan and lodged an FIR at 2.00 p.m on the same very day. He was sent to the hospital for examination and treatment. Dr. Awadhiya (P.W.13) had examined the victim Shobnath and gave a report Ex.P/5. He found three injuries to the victim. One was on the left leg, second was an incised wound on left leg and some diffused wound on his left leg. After due investigation charge sheet was filed by the Police before the concerned Magistrate who, had jurisdiction to try the case.

(3.) LEARNED Panel Lawyer has submitted that the learned JMFC has passed a judgment in a hurried manner. Appreciation of evidence is not done properly. If one injury was not matching with the allegations of the prosecution then the entire version of the complainant cannot be thrown. Offence under Section 324 of I.P.C is very well made out against the respondent and therefore, he be convicted and sentenced accordingly.