GENDALAL ALIAS GINDU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 2.11.1998 passed by the learned Additional Sessions Judge, Narsinghpur in S.T.No.10/1993, whereby the appellant was convicted for the offence punishable under sections 325 and 341 of IPC and sentenced for 3 years' rigorous imprisonment and 6 months' simple imprisonment with fine of Rs.200/- respectively. In default of payment of fine, simple imprisonment for 3 months' was also directed.

(2.) PROSECUTION's case, in short, is that, on 16.7.1990, the victim Rajendra Kumar (P.W.1), went to the village Gotegaon to take some medicines. At about 4-5 p.m. in the evening, he was going back to his residence situated at village Simariya. Near the Railway crossing of Simariya, the accused persons met him. They threatened the complainant that why he had given evidence against them. The accused Sahab Singh held collar of his shirt and thereafter, all the accused persons assaulted him by sticks. The complainant Rajendra Kumar sustained so many injuries on his body. He was taken to the Police Station Gotegaon, where he lodged an FIR, Ex.P/1. He was referred to the Government Hospital, Gotegaon. Dr.S.K.Nema (P.W.7) examined the complainant Rajendra Kumar and gave his report, Ex.P/2. He found 14 injuries to the complainant. The complainant was referred for his x-ray examination. On x-ray examination, it was found that he sustained fracture of right ulna bone in his hand and right tibia and Fibula bone in his leg. After due investigation, a charge-sheet was filed before the JMFC, Narsinghpur, who committed the case to the Sessions Court and ultimately, it was transferred to the Additional Sessions Judge, Narsinghpur.

(3.) AFTER considering the prosecution's evidence, learned Additional Sessions Judge, Narsinghpur convicted the appellant for the offence punishable under sections 325 and 341 of IPC and sentenced him as mentioned above.