DHIRENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 16.7.2012 passed by the Additional Sessions Judge Nowgaon, District Chhatarpur in S.T. No.114/11, whereby the appellants were convicted for the offence punishable under Section 323 of IPC and each was sentenced for three months' S.I. with fine of Rs.1,000.00 and in default of payment of fine, one month's S.I. was directed.

(2.) THE prosecution's case, in short is that, on 31.12.2010 at about 12:30 p.m. in the noon, the complainant Chandrabhan Patal was going near a culvert at village Katare's Purva (Police Station Ishanagar, District Chhatarpur). He saw that Harnarayan and Neeraj were quarreling due to dispute took place in their play card games. The complainant tried to resolve the dispute, but the appellants assaulted the complainant Chandrabhan and 3-4 other persons. The complainant Chandrabhan lodged an FIR Ex.P/7 at Police Station, Ishanagar. The injured persons were sent for their medico legal examination. After due investigation, a charge sheet was filed before the J.M.F.C. Nowgaon, who committed the case to the Sessions Court, and ultimately it was transferred to the Additional Sessions Judge Nowgaon, District Chhatarpur.

(3.) THE learned Additional Sessions Judge after considering the prosecution's evidence acquitted the appellants from the charges of the offences punishable under Sections 147, 307/149, 325/149, 323/149 and 506-B of IPC, but convicted them for the one count of offence punishable under Section 323 of IPC and sentenced as mentioned above.