MAQBOOL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 18.9.1996 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Satna in Special Case No.122/1995 whereby the appellant was convicted for offences punishable under Sections 325 and 323 of I.P.C and sentenced for 6 months rigorous imprisonment with fine of Rs.250/- and three months rigorous imprisonment with fine of Rs.250/-. On default of payment of fine on each count an additional sentence for two months rigorous imprisonment was directed.

(2.) THE prosecution's story in short is that on 27.10.1995 Munni Bai (PW3) was taking some water from a public tap in her Village Saiding (Police Station Kolgawan, District Satna) then the appellant came with a stick and he quarreled with the appellant with the pretext as to why she took the water from his personal tap. The appellant assaulted the victim by a stick causing her some injuries on her nose, near the left eye and other parts of the body. In the meantime, Maya daughter of the complainant went to save her mother then the appellant also assaulted her, causing her some injuries on both the hands and left eye. Thereafter, the complainant Munni Bai was taken to the Police Station, Kolgawan where she lodged an FIR Ex.P/3. All the injured persons were sent to the District Hospital, Satna. Dr. D.K. Tiwari (PW1) examined Munni Bai and Maya and gave his report Ex.P/1 and P/2. He found three injuries to the complainant Munni Bai. One lacerated wound was found on her head, second was a lacerated wound on her nose and a blunt wound on the left forearm. For the third injury of the complainant she was referred for X-Ray examination whereas, the victim Maya sustained two injuries. One on right thumb and second on left eyebrow which were simple in nature. Dr. V.G Hinduja (PW7) on X-Ray examination found that the victim Munni Bai sustained a fracture on her nasal bone as well as left ulna bone. A report Ex.P/9 was given in this context. After due investigation a charge sheet was filed before the Special Judge under SC/ST (Prevention of Atrocities) Act (hereinafter it will be referred as the "Special Act").

(3.) AFTER considering the evidence adduced by the parties the learned Special Judge acquitted the appellant from the charges of offence punishable under Section 3(1)(v) of the Special Act but, convicted him for offence punishable under Section 325, 323 of I.P.C and sentenced as mentioned above.