DEVENDRA TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal is preferred by the appellant being aggrieved by the judgment dated 21/2/1997 passed by the Third Additional Sessions Judge Camp Rehli District Sagar in ST No. 311/1994 whereby the appellant was convicted for commission of offence punishable under Section 326 of IPC and sentenced for three years' rigorous imprisonment with fine of Rs. 1000/-. He has to undergo six months' imprisonment in default of payment of fine.

(2.) Prosecution case, in short, is that on 3.9.1994 at about 9:00 PM in the night the complainant Purshottam (PW-12) was coming back from Nai Bakhar to his house situated in Village Gunjora Police Station Garhakota District Sagar. The appellant who was standing behind a wall suddenly appeared with a katarna and assaulted the complainant by that katarna on his left head. On shouting of complainant, his wife Ramrani (PW-13), Anand (PW-1), Santosh (PW-3), Bharat (PW-5) etc. came to the spot and appellant ran away from the spot. He threatened the complainant that if he lodges an FIR, then he would kill him and he would set his house on fire. The complainant was taken in a tractor-trolley to the Police Station Garhakota where he had lodged an FIR Ex. P-11 on 4.9.1994 at about 1:20 AM in the night. He had also mentioned that one day prior to the incident, the complainant enquired as to whether the appellant had executed an agreement with one Rajpal without his authority, then the appellant accepted and told him that Rajpal shall cut the crop of Soyabeen in that field. The complainant argued to the appellant that his uncle has never executed such an agreement, and therefore the appellant should not enter in the agreement with Rajpal and thereafter the appellant abused him and went away. It was also mentioned in the FIR that the assault was caused by the appellant due to the quarrel which took place one day prior to the incident. The victim was directed to the hospital for his medical examination and treatment. Dr. M. L. Chauda (PW-4) examined the victim Purshottam and gave his report Ex. P-4. He found an incised wound of 13cm x 2.5cm x 2cm on left fronto parietal region. He referred the patient for X-ray examination. Dr. J. S. Diwakar (PW-8) after taking X-ray of the victim, gave his report Ex. P-10. He found a fracture of left fronto parietal region below the wound. The victim was admitted in the hospital and his treatment was done by Dr. A Kastawar (PW-11). After due investigation, a charge sheet was filed before the JMFC Rehli, who committed the case to the Sessions Court, Sagar and ultimately the case was transferred to the Third Additional Sessions Judge Sagar Camp Rehli District Sagar.

(3.) The appellant-accused abjured their guilt. He did not take any specific plea but he has stated that there was a dispute between Rajpal and complainant Purshottam and Rajpal had the possession of the land. The appellant signed an agreement as a witness only. No right or interest was created in the property in favour of the appellant, and therefore there was no need for the appellant to fight with the complainant Purshottam. In defence Ramesh Kumar (DW-1) was examined to show that the victim Purshottam could not tell the name of the assailant till he reached the Police Station Garhakota.