ALEEM @ BHURSI KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE appeal is of the year 2010. Looking to the nature of the case and facts of the matter with the consent of the parties, the appeal is disposed of finally. 1. This appeal is filed against the judgment dated 31.8.2010 passed in S.T. No. 166/09. The trial judge convicted the appellant for commission of offence of Section 323 of IPC and awarded sentence of RI one year and fine of Rs.500. The appellant has already deposited the fine amount.

(2.) THE prosecution story in brief is that on 6.8.2007 Rinku Khan, Kaleem Khan and other persons had beaten Jairam Soni when he was returning back. After lodging the report of the incident and medical examination on 7.8.2007 again Rinku Khan and Aleem Khan had beaten Jairam Soni. Prem Lal also received the injuries. The report of the incident was lodged at the Police Station. After investigation, the Police filed the charge sheet. The appellant abjured the guilt. After trial, the trial judge has held that during trial Aseem Khan and Kalim Khan died and that offence against the appellant under Section 323 of IPC has been found proved.

(3.) THE PW -3 in his evidence deposed that on 6.8.2007 when he was coming back after medical check up Kaleem, Samim, Bhursi Khan, the present appellant and Rinku came armed with lathis and they had beaten the complainant. In the aforesaid incident the complainant had received injuries. Same facts have been deposed by PW -4. PW -5, Dr. U.B. Singh in his evidence deposed that he was posted on 7.8.2007 at Primary Health Centre, Idwar as Medical Office. He had examined Premlal, S/o Babulal and found the following injuries : -