LAWS(MPH)-2012-9-72

SAMSUDDIN Vs. STATE OF MADHYA PRADESH

Decided On September 13, 2012
SAMSUDDIN Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 28.4.2012 passed by the learned Sessions Judge/Special Judge under the SC/ST (Prevention of Atrocities) Act Singrauli in Special Case No.07/2010 whereby the appellant was convicted and sentenced for the following offences :

(2.) THE prosecution's case in short is that on 1.8.2010 at about 10.a.m in the morning the victim Rangai (PW4) was going to a well to fetch some water at village Kanji, Police Station Baidhan, District Singrauli. THE appellant with other accused came with sticks etc. and shouted upon the victim because a civil case was pending against them lodged by the victim and thereafter, they assaulted the victim by sticks causing him various injuries on his legs and hands. THE victim Rangai was taken to the hospital whereas his son Babuaram (PW14) had lodged an FIR Ex.P/24 (Dehati Nalishi) with the Police Officer, who came to the Nehru Hospital and thereafter, a case was registered. Dr. Saurabh (PW8) examined the victim Rangai in Nehru Century Hospital, Jayant and gave his report Ex.P/26. He found various wounds on both of the legs and both of the hands of the victim Rangai. Out of them one penetrated wound was found on left arm. Clinically he found that the concerned bone of both the hands were broken. However, he referred the patient for radiological examination. Dr. S. K. Mual (PW16) examined the victim Rangai radiologically and found that he sustained fractures of tibia and fibula bones in both the legs. In right leg, patella bone was also found broken. In left hand, radius and ulna were found broken. He gave his report Ex.P/33. Dr. Devnath (PW17) treated the victim Rangai in the hospital and he gave a discharge report Ex.P/34. THE victim Rangai was discharged in a condition when both of his legs were broken in so many pieces. After due investigation a charge sheet was filed before the CJM, Singrauli who, committed the case to the Special Judge/Sessions Court.

(3.) ON the other hand the learned Panel Lawyer for the State has submitted that the conviction and sentence directed by the trial Court appears to be correct and no interference is required in the appeal.