STATE OF MADHYA PRADESH Vs. BHAILAL

JUDGEMENT

(1.) The State has preferred this appeal against the judgment dated 26.12.1995 passed in Criminal Appeal No.43/1994 by the Second Additional Sessions Judge, Khandwa whereby the respondents were acquitted from all the charges. The respondents were convicted and sentenced for commission offence punishable under Sections 447, 325/34 of IPC by the Judicial Magistrate First Class, Khandwa vide judgment dated 29.9.1994 in Criminal Case No.1060/1992.

(2.) The prosecution case, in short, is that on 10.3.1992 at about 3:30 PM the complainant Kamalchand Patel (PW-2) was at his field situated near the Village Nagchun, Police Station Moghat Road, Khandwa. A crop of wheat was standing in his field. The respondents were his land neighbours, who were trying to create a pipeline through his field to irrigate their field. The complainant objected them to do so, because due to that pipeline, his crop would damage, then a quarrel took place between the parties. Respondent Bharat Kumar held the victim Kamalchand Patel whereas respondent Bhailal assaulted him on his various parts of the body by a stone. Thereafter the respondent Bharat Kumar also assaulted him by a stick. Complainant Kamalchand Patel lodged an FIR at 4:30 PM on the same day at Police Station Moghat Road, Khandwa. He was sent for his medico legal examination and treatment to the main hospital, Khandwa. Dr. Rakesh Narayan (PW-1) examined him and gave a report Ex.P-1. He found 5-6 injuries to the victim on his various parts of the body. In X-ray report of Kamalchand Patel, there was a fracture of 5 th metacarpal bone in the hand of the complainant. After due investigation, a charge sheet was filed before the concerned Magistrate.

(3.) The respondents abjured their guilt. They did not take any specific plea but they have stated that they were falsely implicated in the matter. In defence, one Gendalal (DW-1) was examined.