NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 23.8.2004, passed by the Third Additional Sessions Judge, Sagar in ST. No.224/2003 whereby the appellant was convicted for offence punishable under Section 325 of I.P.C and sentenced for 2 years simple imprisonment with fine of Rs.500/- failing which two months simple imprisonment in addition.

(2.) The prosecution's story in short is that the complainant Dhoopchand (P.W.1) had lodged a Dehati Nalishi (FIR) on 15.3.2003 at about 3.30 p.m to the Police Station Gopalganj at Tili Hosptial, Sagar that on 15.3.2003 at about 2.30 p.m, he tried to stop the dispute between the appellant Narayan and Jarolia Munshi then Narayan assaulted him by a stone on his head thereafter, he kicked on his abdomen and also pelted stone on his2 abdomen. Under such circumstances, he was admitted in the hospital. Police has registered a case against the appellant for the offence punishable under Sections 307 an 333 of I.P.C. Dr. Prabhat Bharadwaj (P.W.12) examined the victim and submitted a report Ex.P/17. He found four injuries to the victim which were situated on his head, near left ear, mid of the chest and right side of the chest. He was referred for X-Ray for all the injuries. After X-Ray examination, it was found that he sustained a fracture of ninth right rib. After due investigation a charge sheet was filed before JMFC, Sagar who committed the case to the Sessions Court, Sagar and consequently, it was transferred to the Third Additional Sessions Judge, Sagar.

(3.) The appellant abjured his guilt. He did not take any specific plea in the case but, he has stated that he was falsely implicated in the matter. No defence evidence was adduced by the appellant.