RAMA Vs. STATE OF M P

JUDGEMENT

(1.) The appeal is directed against the judgment & order dated 25.4.87 of JInd AddI. Sessions Judge, Dhar passed in S.T. No. 124/86, whereby the accused-appellants have been convicted for an offence u/s. 324134 I. P .C. for having caused grievous injuries to Siddhiya and sentenced them to undergo R.I. for 4 years each.

(2.) The prosecution case in brief is that on the intervening night of 22nd & 23rd January 1986 injured Siddhiya his wife Bhuribai and daughter Kalabai were sleeping inside their house. These three accused came in front of their house and asked Siddhiya to come out. The moment Siddhiya came out accused Rama hit him by hard and blunt part of Palia on the head and other parts of the body. It is alleged that the two accused appellants i.e. Bhagwaniya and Mangiya also assaulted. The wife and daughter of Siddhiya tried to intervene, but they were also assaulted. Bhuribai sustained injury on the nose and Kalabw also sustained injuries on various parts of the body. Siddhiya became unconscious. Thereafter he was taken to police station Tirla where Kalabai lodged report Ex. P/1. All the three injured persons i.e., Siddhiya, Kalabai & Bhuribai were sent for medico legal examination. Dr. R.C. Hanutia (P.W.6) examined all the three injured persons and prepared report Ex. P/5 to P/9. The X-ray examination of Siddhiya at right leg and chest including the frontoparital region of skull was done. There was a fracture in the tibia and fibula and at the left frontoparital region. However, no fracture was found on the body of Kalabai and Bhuribai.

(3.) Sub-Inspector S.P. Panwar (P.W.13) took up the investigation, inspected the spot, prepared spot map and referred the injured persons for medicolegal examination. The accused persons were arrested. Rama gave information about the Falia vide Ex. P/18, the same was seized vide Ex. P/19. Similarly, two lathies were seized from Mangiya and Bhagwania vide Ex. P/23 and P/24. The Investigating officer further seized clothes of injured Siddhiya, Kalabai & Bhuribai. The stained and unstained earth was also seized during investigation. All these articles i.e., clothes of injured Siddhiya, stained earth seized from the spot and clothes of Kalabai and Bhuribai, as also the Falia and sticks were sent for chemical examination. All the articles referred above excepting controlled earth, Falia and handle of Falia were found stained with human blood. Accused persons abjured the built and pleaded that they have been falsely implicated. The learned Trial Judge after trial has convicted the accused-appellants for having caused injuries to Siddhiya arid sentenced them as above. However, accused persons have been acquitted of the charges of causing injuries to Bhuribai and Kalabai Hence, this appeal.