DILLU @ DELAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 30.1.2015 passed by the First Additional Sessions Judge, Damoh in ST. No.200/2003 whereby, the appellant has been convicted of offence under Section 326 read with Section 34 of I.P.C. and 324 of I.P.C and sentenced to three years rigorous imprisonment with fine of Rs.500/- and one year rigorous imprisonment with fine of Rs.500/-.

(2.) The prosecution's case in short is that on 20.1.2003 at about 9.00 a.m one Mihilal Thakur (PW10) had lodged an FIR at Police Station Damoh Dehat that two days prior to the date of FIR a quarrel took place between the sister of Delan and Batu son of the complainant Mihilal and therefore, on 20.1.2003 at about 7.30 when Batu went to a grocery shop at Village Marutal Tek (Police Station Damoh Dehat, District Damoh) the appellant and his companions surrounded him and assaulted him with axe and stick. After lodging of the FIR, Dr. Y. P. Patel (PW1) examined the victim Mihilal and gave his report Ex.P/1. An incised wound was found on his left leg. Dr. Patel had also examined the victim Batu and gave his report Ex.P/2. He found that he sustained a lacerated wound of left jaw and 2-3 other wounds were found at nose, forehead and upper lip. He was referred to a dental surgeon and it was found that two teeth of Batu were broken. After due investigation the charge sheet was filed before the Chief Judicial Magistrate, Damoh who committed the case to the Court of Sessions and ultimately it was transferred to First Additional Judge, Damoh.

(3.) The appellant abjured his guilt. He did not take any specific plea, but has stated that he was falsely implicated in the matter. The Additional Sessions Judge after considering the prosecution's evidence acquitted the appellant from the charges of offence of Sections 506 (Part II), 294 and 341 of I.P.C. However, he was convicted and sentenced as mentioned above.