RAMSNEHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of Cr.P.C. has been filed by the appellant being aggrieved by the judgment dtd. 29/10/2010, passed by the learned Sessions Judge, Dewas, in Sessions Trial No. 11/2010, whereby the appellant has been convicted for offence under Ss. 325, 452, 294, 506 (Part-II) of IPC, 1860, and sentenced to undergo 02 years, 06 months, 03 months and 03 months R.I with fine of Rs.5000.00, Rs.100.00, nil and nil respectively with default stipulations.

(2.) The prosecution case in brief is that on 16/8/2009, at about 9.00 pm complainant Vikramsingh, constable, Police Station Bank Note Press, Dewas got a phone call from appellant, who happens to be a constable, enquiring about Constable Shyambahadur, for which the complainant replied that Shyambahadur is in night patrol. Thereafter again complainant received a call from the appellant with regard to Shyambahadur. When the complainant was giving necessary information, then the appellant hurled abuses and later on appellant armed with wooden stick came to the police station and started assaulting the complainant due to which he sustained injury on his left hand wrist, left hand finger, shoulder and in hip. Thereafter, the appellant hurled abuses when the complainant left the police station in rescue, the appellant chased him with wooden stick till Sai Mandir, however, the complainant fled away from the spot. It is alleged that the appellant was under liquor intoxication. Subsequently, the complainant lodged a report under Sec. 333, 294, 506 (part-II) and 452 of IPC at crime no. 448/2009 against the accused. Then, the investigation into the matter started.

(3.) In the course of investigation, a spot map of the incident place was prepared, the injured Vikramsingh was medically examined, the accused was arrested and after completion of the investigation, a charge sheet was presented before the Court of Session. After completion of investigation, charges under aforementioned offences were framed and read over to the accused. On which, the accused denied and claimed to be tried.