PARWAT SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) THE applicants were convicted for the offences punishable under Sections 326/34 of IPC vide judgment dated 25.2.1999 passed by the learned J.M.F.C. (Shri K.C. Bangar) Berasiya, District Bhopal in criminal case no.530/88 and sentenced for one year R.I. with fine of Rs. 2,000/ -. In criminal appeal no.55/99, the learned 9th Additional Sessions Judge, Bhopal vide judgment dated 9.4.1999 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments, the applicants have preferred the present revision.

(2.) THE prosecution's case, in short is that, on 12.8.1988 the victim Gorelal (PW -2) was going from village Semra Pasaiya to the village Bandikhedi in the jurisdiction of the police station Nazeerabad, District Bhopal. At about 4:00 p.m. in the evening, when he was passing through the road near village Jagmeri, the applicant Parwat Singh stopped him and told as to why he had lodged an FIR against him. In the meantime, the applicant Chain Singh also reached on the spot alongwith the stick. He assaulted the victim Gorelal for 2 -3 times and thereafter, the applicant Parwat Singh sat on the chest of the victim and chopped off his nose by sickle (Hasiya). The victim Gorelal has lodged an FIR at Police Station, Nazeerabad. He was directed for his medical examination. Dr. G.D. Mangnani (PW -4) examined the victim and gave his report Ex.P/5. He found two incised wounds to the victim, whereas three contusions and so many abrasions were found to the victim on the entire body including both the legs and nose. His tip of nose was chopped off. After due investigation, a charge sheet was filed.

(3.) THE applicants abjured their guilt before the trial Court and they have stated that they were falsely implicated in the matter due to enmity. Gulab Singh (DW -1) was examined in defence.