RAJENDRA PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of Cr.P.C against the judgment of conviction and order of sentence dtd. 19/1/1998 passed by ASJ/Special Judge SC/ST (Prevention of Atrocities) Act in S.C.No.58/1997 (State of M.P Vs. Rajendra Prasad) whereby appellant has been convicted for commission of offence under Sec. 325 of IPC and has been sentenced to 1 year R.I and fine of Rs.1,000.00 in default of payment of fine he shall further undergo R.I for 6 months.

(2.) The prosecution case is that on 22/1/1996, at around 11:45 AM, Biharilal Kol, resident of village Bhadra, Pipariya appeared at Police Station AJK, Jabalpur and lodged FIR stating that he is resident of village Bhadra, Pipariya and is an agriculturist. On 21/1/1996 at around 6 PM, his neighbour Rajendra Yadav abused him and asked as to why you have cast wire from his garden (Baadi). At this, he asked him not to abuse, he will remove his wire. When he was removing his wire, Rajendra Yadav again abused him and told that he will not understand and started to beat him by means of lathi causing injuries on his right cheek, left hand wrist, finger, chest, stomach, in the back of neck and in the teeth. At this, when he shouted "save save" Rajendra Yadav is killing him, Shukla ji of Dasraman, his brother Fugga and sister Sukko Bai reached there and pacified the matter. If they would have not reached there, Rajendra Yadav had certainly killed him. Rajendra Yadav threatened him if he approached police station, he will eliminate him. Due to fear, he did not come to police station in the night.

(3.) On the basis of above narration given by Biharilal P.W-1, an FIR was registered at FIR No.04/1996 of AJK Police Station, Jabalpur for commission of offence under Ss. 294, 506, 323 of IPC and 3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989. Injured Bihari was sent to hospital for examination and thereafter for x-ray. There were fractures in his left ulna, proximal phalanx of ring and little fingers.