VISHAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 16.4.1996 passed by learned Additional Sessions Judge, Sohagpur, District Hoshangabad in S.T.No.328/1993, whereby the appellant was convicted for offence punishable under sections 333 of IPC and sentenced for 3 years rigorous imprisonment with fine of Rs.500/-. The appellant was to undergo for 4 months' rigorous imprisonment in default of payment of fine amount.

(2.) PROSECUTION's case, in short, is that, on 31.5.1993 at about 7.30 a.m. in the morning, the complainant/victim Shri Rukmani Raman Pratap Singh, Forest Guard (P.W.3) loaded the wood chopped by thieves in Chargaon beat in some bullock carts and thereafter, he went towards his Headquarter by a bicycle. Bullock carts were 300 to 400 meters back from the bicycle of the complainant. In the way near a nala, two persons emerged from the jungle and they assaulted the complainant by sticks. Face of one person was covered with towel, whereas second person was the appellant Vishal. Due to that assault, the complainant sustained injuries on his head, hand and fingers. The incident was seen by one Govindi. The complainant was taken to village Chargaon by the persons who were driving the bullock carts and thereafter, he was taken to Sohagpur in a tractor owned by Surendra Paliwal. The complainant lodged an FIR, Ex.P/3 at Police Station Sohagpur on 31.5.1993 at about 9.45 a.m. He was directed for his medico legal examination. Dr. Ravi Sharma (P.W.8) examined the complainant and gave his report, Ex.P/9. He found 9-10 injuries to the victim caused by hard and blunt object. He referred him for his x- ray examination. Dr.N. Hasan (P.W.9) after getting radiography examination of the complainant gave his report, Ex.P/10. He found that 4th and 5th metacarpal bone in the left hand were broken, whereas shaft of ulna bone on upper 1/3rd portion of left hand was also broken. After due investigation, a charge-sheet was filed before JMFC, Sohagpur who committed the case to the Sessions Judge, Hoshangabad and it was transferred to the Additional Sessions Judge, Sohagpur.

(3.) I have heard the learned counsel for the parties.