STATE OF MADHYA PRADESH Vs. GIRJESH SHARMA

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 20.3.1996 passed by the Chief Judicial Magistrate, Shahdol in Criminal Case No.285/1995 by which the respondents were acquitted from the charges of offence punishable under Sections 341, 294, 506-B, 448, 324 and 323 of IPC.

(2.) THE prosecution case, in short, is that on 17.4.1995 at about 11:00 PM in the night the complainant Satyanarayan Pandey was coming back from the house of Constable Parmeshwardeen, who was residing in the police lines Shahdol. The complainant was accompanied by his wife. Near a public garden in the police lines, the complainant went to answer the call of nature and his wife was waiting for him on the road. When he was coming back, the respondents met him at the spot and thereafter they assaulted him in a bad manner. The complainant sustained so many injuries on his body. He was assaulted by the respondent Girjesh Sharma with the help of a knife, whereas other respondents had assaulted him by sticks. On his shouting, two constables of traffic police and his wife came to the spot, and therefore the respondents ran away after giving him a threat that they would see him in future. The complainant had lodged an FIR soon after the incident at Police Station Kotwali, Shahdol. He was directed for his medico legal examination and treatment. Dr.S.K.Gupta (PW-4) found three incised wounds to him. One on his neck and remaining two were on his left arm. Also he found that the victim sustained some blunt injuries on his back and left leg. After due investigation, a charge sheet was filed before the competent Court.

(3.) I have heard the learned counsel for the parties.