HARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment dated 27th December, 1997 passed in S.T. No. 28/1995. The trial Court convicted the appellant for commission of an offence under Section 307 of the IPC and awarded the sentence of RI seven years. Fine amount of Rs.1,000/ - has also been imposed against the appellant.

(2.) PROSECUTION story in brief is that on 2.11.1994 at around 7.00 O' Clock in the evening in front of the house of Gram Sarpanch Gyani and son of Hariya, Bhura and younger brother of Gyani Nandkishore had been playing in between Hariya son of Sarpanch had painted cheek of Gyani. Gyani resisted about the action and thereafter Gyani abused the accused person. In that moment Babu Ahirwar caught hold Gyani and Sarpanch the present appellant came out with a wooden stick (Danda) and inflected an injury on the head of the injured. The injured fell down, he was taken immediately to the hospital and thereafter a Dehati Nalisi (Ex. P.1) was lodged. After lodging of the report the police conducted the investigation and filed the charge sheet against two accused persons for commission of an offence under Section 307/34 of the IPC. The appellant and another accused person abjured the guilt. The trial Court acquitted the another accused person Babu S/o Hariya and convicted the appellant and awarded the sentence.

(3.) LEARNED Public Prosecutor/ Government Advocate has submitted that looking to the nature of injury the trial court has rightly held that the appellant is guilty for commission of an offence punishable under Section 307 of the IPC. He further submitted that the trial court has recorded the reasons in paragraph 17 to 19 about the conduct of the doctor and his evidence cannot be said to be unreliable.