DEWAN SINGH MARAVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 4.5.2010 passed by the learned Sessions Judge, Balaghat in S.T. No.19/10, whereby the appellant was convicted for the offence punishable under Section 326 of IPC and sentenced for three years' R.I. with fine of Rs.500.00 and in default of payment of fine, three months' S.I. was also directed.

(2.) THE prosecution's case in short is that, on 17.12.2009 at about 9:00 p.m. in the night, the complainant Manglo Bai (PW-1) was sleeping in her house. The appellant, husband of the complainant was also present in the house. Suddenly, he assaulted the complainant by an axe and Bichhua on her face. The complainant Manglo Bai was taken to the Police Station, Baihar, where she had lodged an FIR, which was recorded in Rojnamcha- sanaha and thereafter, she was sent to the Primary Health Centre, Baihar for her medico legal examination and treatment. Dr. N.S. Kumre (PW-6) had examined the victim and gave his report Ex.P/7. He found that there were so many incised wounds on her face and head. On her head, two incised wounds were found, which were parallel in nature and bone deep. On her face including chicks etc. six incised wounds were found whereas one tooth from her jaw was removed. The victim was referred for further examination and treatment to the District Hospital, Balaghat. After due investigation, a charge sheet was filed before the J.M.F.C. Baihar, who committed the case to the Sessions Judge, Balaghat.

(3.) THE learned Sessions Judge after considering the prosecution's evidence convicted the appellant for the offence punishable under Section 326 of IPC and sentenced as mentioned above.