STATE OF MADHYA PRADESH Vs. VISHNU KUMAR

JUDGEMENT

(1.) THIS appeal has been preferred by the State against the judgment dated 30/05/1997 passed by the Court of Session Judge, Deamoh, District Damoh, in Criminal Appeal No. 17/1997, whereby the learned Sessions Judge has set aside the judgment of conviction and sentence dated 15.1.1997 passed by the court of Judicial Magistrate Class I, Damoh, in Criminal Case No. 176/1995, and acquitted the respondents from the charges punishable under Sections 323 and 325 of the Indian Penal Code.

(2.) THE prosecution story in brief is that the animals of the accused persons used to enter into the field of complainant Munna and destroy the crops. On 23.8.1991 at about 3-4 p.m. the animals of accused persons were destroying the crops of complainant Munna, PW4, by entering into his field. When the further of complainant, Battu and brother Rajju complained to the accused Sitaram and Vishnu about this incident, the accused persons abused and assaulted them with lathi. Accused Vishnu inflicted lathi blow on right wrist of Munna and accused Kuddu inflicted lathi blow on right arm of Munna. Then accused Kuddu inflicted another lathi blow on the head due to which swelling came on the head and hand of Munna. Accused Sitaram assaulted Battu. PW9. and Rajju, father and brother of the complainant. On the next day complainant. Munna lodged report, Ex.P' 8, against the accused persons. Complainant Munna, and Rajju were sent for medical examination. The doctor had advised them for X-ray report. On the basis of the medical and the X- ray report, a case was registered for the offence punishable under Sections 323 and 325/34 of IPC against the respondents and other accused persons at Police Station. The police took cognizance of .the matter, prepared the map of the spot, recorded the statements, of witnesses and arrested the accused persons. After completing the investigation, charge-sheet was field in the Court of Chief Judicial Magistrate, Damoh.

(3.) THE prosecution examined ten witnesses and the respondents examined one witness in their defence, After appreciating the evidence, the Judicial Magistrate Class I convicted accused Sitaram under section 3251.P.C. and sentenced to suffer S.I. for six months and fine of Rs. 200 on two counts and under Section 3231.P.C. and sentenced to suffer S.I. for 3 months and fine of Rs. 100. The trial court further convicted accused Vishnu under section 3251.P.C. and sentenced to suffer S.I. for six months and fine of Rs. 200 on two counts under Section 3231.P.C. and sentenced to suffer S.I. For 1 month and fine of Rs. 100.