KODURAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant alongwith his son Raju alias Rajesh were prosecuted for an offence under section 325 IPC for assaulting the complainant Bandi with a lathi on 21.4.85 when the complainant, Bandi was going to sell his earthen pots in the village market. The complainant sustained fracture in his leg and other injuries also. The complainant lodged the F.I.R. on the basis at which the case was instituted. Police after investigation sent up the applicant and his son for trial for an offence under section 325 IPC. The prosecution examined 3 eye -witnesses besides the doctor and I.O.

(2.) THE learned judicial magistrate on consideration of the evidence convicted the applicant for the offence under section 325 IPC and sentenced to undergo S.I. for 3 months and to pay fine of Rs. 200/ -, in default to undergo S.I. for 15 days and acquitted the son of the applicant.

(3.) SHRI Surendra Singh learned counsel for the applicant has contended that there is discrepancy in the prosecution case and the evidence of the informant in the Court. The eye -witnesses examined by the prosecution are the interested witnesses in this case, therefore, the conviction and sentence of the applicant cannot be sustained.