STATE OF M P Vs. JAGBANDHU

JUDGEMENT

(1.) The appellant/State has preferred this appeal against the judgment dated 27.1.1997 passed by learned JMFC Nagod, District Satna (Shri S. K. Mishra) in Criminal Case No.179/1990 whereby the respondents were acquitted from the charges of offence punishable under Sections 323 or 323 read with Section 34 of I.P.C and Section 325 read with Section 34 of I.P.C.

(2.) Prosecution's case in short is that on 8.3.1990 the respondents no.3 and 4 Raju and Bablu alias Balram were opening a door towards the land of complainant Ramsiya in their house. At about 3-4.00 p.m the victim Ramsiya (P.W.1) protested against that act and requested them not to open the door on that side. Thereafter, respondents no.1 and 2 Jagbandhu and Daddi Lal assaulted the victim Ramsiya by a Sabbal causing him some injuries on his right leg and right hand. Tersiya, wife of Ramsiya, came to the spot to save her husband Ramsiya but, respondents Raju and Bablu alias Balram assaulted her by a Kudali causing her some injuries on her head. Witnesses Gulab Bai (P.W.2), Ramshiromani (P.W.3), Ramswayambar (P.W.4) etc. had saved the victims. Thereafter, victims were taken to the Police Station, Nagod on the same very day. At about 5.30 p.m their report was recorded in Rojnamcha and they were sent to the hospital for their medico legal examination.

(3.) Dr. S.K. Jain had examined both the victims and found them injured. Ramsiya was referred for X-Ray examination. Dr. Saraf (P.W.6) had submitted X-Ray report Ex.P/3 with XRay plate and found a fracture of right neck of femur to the victim Ramsiya. Police, Nagod after due investigation filed a charge sheet before the concerned Magistrate.