STATE OF M P Vs. GOVIND PRASAD

JUDGEMENT

(1.) THIS appeal is directed against the acquittal of the accused/respondents by the IInd Additional Sessions Judge, Damoh, by order dated September 9, 1989, passed in S. T. No. 14/88.

(2.) BRIEFLY, prosecution case is that on 1-11-1987 at about 7 p. m. , in front of Indore Bank, the accused/respondents took away Rs. 640/- from the complainant Dulichand by causing injuries with knife. In this incident, accused Govind caused injury to left thigh of the complainant by knife and the accused Ramesh gave 2-3 slaps to him and took away Rs. 640/ -. The matter was reported to the police. Dulichand subjected to medical examination. Accordingly, case under Section 394 of IPC was registered against the accused, but later, challan was filed under Section 394/397 of IPC.

(3.) THE accused denied commission of offence and alleged that they have been involved in the case due to rivalry. Two questions fell for considerations before the Trial Court, namely, whether the accused voluntarily caused injuries to the complainant Dulichand and took away Rs. 640/~ and whether the accused subjected the complainant to injuries with lethal weapon like knife for committing robbery.