UMED SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 16.10.2006 passed by the learned Special Judge, Satna in Special No.61/2004, whereby the appellant was convicted and sentenced as under:-

(2.) PROSECUTION's case, in short, is that, on 25.5.2003, at about 6 a.m. in the morning, the complainant Mst. Durghatiya (P.W.1) was coming back after answering her call of nature to her village Kuwa (Police Station Kolgawan, District Satna). When she reached near her house, the appellant Umed Singh stopped her and abused her with obscene words and assaulted her by a stick causing injuries in her right hand and arm. Also some injuries were caused on her head and remaining parts of the body. The co- accused Bhola Singh came to the spot and told the complainant that she forgot her status and she should live like a 'Chamarin'. On shouting of Mst. Durghatiya, her husband Durjan (P.W.5), daughter Shiv Kumari (P.W.4), came to the spot. Thereafter, the complainant Mst. Durghatiya went to the Police Station AJK, Satna and lodged an FIR, Ex.P/1. She has also stated that few days prior to the incident, the appellant Umed Singh told her to reap the crop of wheat but, the complainant went to the field of another cultivator and did not do the work in the field of the appellant Umed Singh and therefore, on 23.5.2003, when Neetu was riding a bicycle, the co-accused Bhola Singh detained her and abused her. The complainant was sent to the hospital for her medico legal examination and treatment. Dr.R.S.Gautam (P.W.10) examined her and gave a report, He found that the victim Durghatiya sustained 4 Ex.P/6. contusions, each on right hand, right forearm, right parietal region of head and back of the head. The complainant was referred for her x-ray examination but, no bony injury was found to her. After due investigation, a charge-sheet was filed before the JMFC, Satna, who committed the case to the Special Court.

(3.) AFTER considering the evidence adduced by the prosecution, the learned Special Judge, convicted and sentenced the appellant as mentioned above.