SHAITAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) THIS appeal is filed by the accused persons challenging judgment dated 29.4.1999 passed by Second Additional Sessions Judge, Guna in Sessions Trial No. 320/96, whereby the Sessions Court has convicted the appellants for committing offence under sections 333/34 of Indian Penal Code (IPC for short) and sentenced them to rigorous imprisonment for one year and fine of Rs. 1,000/- each.

(2.) THE prosecution story is that PW 3 Bhanu Prakash Singh was a Forest Guard in the year 1996. On 1.6.1996 he had seen the accused persons taking wood in bullock cart. He stopped the bullock and asked the accused persons to follow the police station, due to which the accused persons assaulted him. The appellant No. 1 Shaitan Singh gave an axe blow on the head of Bhanu Prakash Singh. However, he put his hand to prevent the blow, which resulted in dislocation in first metacarpal on the right hand. The other accused persons also assaulted him with lathi, kicks and fists, there by as many as 12 injuries on the body of the injured. Out of which one is dislocation of first metacarpal, while the other injuries are simple in nature.

(3.) CONSIDERING these facts, it is clear that there is no evidence on record to show that the accused persons were knowing that Bhanu Prakash Singh was a Government Servant and was discharging his official duties at the time of incident. In view of this fact, it cannot be said that the accused persons have caused grievous hurt to Bhanu Prakash Singh to deter him from his public duty. In such circumstances, offence under sections 333 and 342 IPC is not made out. The trial Court has acquitted the accused persons for committing offence under section 342 IPC.