RATANLAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.12.1993 passed by the Sessions Judge, Rajgarh (Biaora) in S.T. No. 6/89 whereby, appellant alone was found guilty of having committed an offence punishable under S. 326 IPC. Accordingly he was convicted and sentenced to undergo two years RI. In addition fine of Rs. 300/- has also been imposed. In default of payment of fine appellant is directed to suffer one month's rigorous imprisonment.

(2.) NECESSARY facts relevant for disposal of this appeal are as under. On 22.7.1987 appellant along with other co-accused persons assaulted Mangilal. It is alleged that appellants was armed with a farsi and other co-accused with Ballam and lathi. A head injury was specifically attributed to Ratanlal. FIR of incident (Ex. P. 8-A) was lodged next day by Biharilal (PW 6) at P.S. Biaora. Initially, police registered case for offence punishable under S. 324 r/w 34 of IPC, but after medical cxmination of Mangilal, it was converted into S. 307/34 IPC. Dr. J.K. Punjabi (PW 1) examined Mangilal. Dr. Punjabi found one incised wound on the left mastoid region and advised X-ray to ascertain nature and extent of injury. His report is Ex. P-2. X-ray plate is Ex. P-3 and X-ray report given by Dr. Punjabi is Ex. P-4. As per X-ray report Dr. Punjabi found fracture on mastoid region. A farsi was recovered at the instance of Ratanlal vide Ex. P-5. Thus, after completing investigation police filed challan against appellant and co-accused for their prosecution for having committed an offence punishable under S. 307/34 IPC. At trial accused persons abjured their guilt and submitted that they have been falsely implicated. j

(3.) AS regards other co-accused persons, trial Court found that they are not guilty of committing any offence, therefore, they were acquitted. Prosecution has not challenged the aforesaid finding recorded by the trial Court, consequently, acquittal of appellant of charge under S. 307 and other co-accused persons has become final.