STATE OF MADHYA PRADESH Vs. BHAGWANDAS ALIAS KANWALE

JUDGEMENT

(1.) THE appellant/State has preferred this appeal against the judgment dated 14.9.1998 passed by the learned Second Judicial Magistrate, Class IInd, Tikamgarg Shri A. A. Ansari in Criminal Case No.520/1994 whereby the respondents were acquitted from the charges of offences punishable under Sections 325 and 323 read with Section 34 of I.P.C.

(2.) THE prosecution's case, in short, is that on 9.10.1994 at about 6.00 p.m in the evening the victim Hari Lodhi (PW1) was sitting in his house situated at Village Barme, Police Station Kudila, District Tikamgarh. The victim was called by the respondents and thereafter, they assaulted the victim by sticks. He sustained so many injuries on his body. A Dehati Nalishi was recorded on 10.10.1994 and thereafter, a case was registered at Police Station, Kudila. The victim was sent for his medico legal examination and treatment. Dr. S. C. Gupta PW7) examined the victim Hira and found five blunt injuries on his body at various places like right index finger, left upper arm, right upper arm, left back and chest. He gave his report Ex.P/3 and referred the victim for his X-Ray examination. A fracture of metacarpal bone was found to the victim. After due investigation a charge sheet was filed before the trial Court.

(3.) THE learned Judicial Magistrate IInd Class, Tikamgarh after considering the evidence adduced by the parties acquitted the respondents from all the charges.