RAKESH TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973 against his judgment of conviction and order of sentence dated 14-11-1990 passed by the 1st Additional Sessions Judge, Shahdol in Sessions Trial No. 27 of 1989 convicting the appellant under Section 332, IPC and sentencing him to suffer rigorous imprisonment of six months and fine of Rs. 1,000/-, in default of payment of fine amount further rigorous imprisonment of two months.

(2.) IN brief the case of the prosecution is that on 28-3-1988 at 13. 30 hours when complainant N. L. Shivhare (P. W. 1), Executive Engineer of P. W. D. was discharging his official duty at that juncture accused/appellant Rakesh Tiwari arrived in his office and showered filthy abuses of mother and sister as he (appellant) was transferred and a departmental enquiry was set up against him. Thereafter he uplifted a wooden rack and gave its blow on the person of the complainant, though he tried to escape but failed, as a result of which the said rack which was used as a weapon landed on his head and eventually he sustained injuries and blood came out. The incident was witnessed by Laxminarain Agrawal, Hardev Tiwari and Ramsurat Singh.

(3.) AFTER the incident took place, the complainant went to District Hospital, Shahdol where he was attended, treated and examined by Assistant Surgeon, Dr. Ashok Kumar Gautam (P. W. 3) at 13. 45 hrs. and he found an injury 2" x 1/2" bone deep lacerated wound on his right fronto parietal region. The doctor further noticed another injury on his right forearm 1 1/2" x 1/4". According to the doctor, both the injuries were caused by hard and blunt object. The doctor also informed the matter to police, as a result of which P. P. S. Chouhan, who was serving as an Assistant Sub Inspector in Police Station, Shahdol came to the hospital and recorded the statement of the complainant.