STATE OF MADHYA PRADESH Vs. HIRALAL

JUDGEMENT

(1.) Since the appeal in respect of respondents No.1 and 2 has already been abated in pursuance to the order dtd. 1/4/2026, therefore, the same is being decided in respect of respondents No.3 to 5.

(2.) This appeal under Sec. 378(III) of the Code of Criminal Procedure, 1973 has been filed by the appellant/State assailing the judgment and order of acquittal dtd. 31/5/2014 passed in Criminal Case No.2066 of 2009 (State of M.P. vs. Harilal and others) by the learned Judicial Magistrate, Gram Nyayalaya, Chhatarpur (M.P.), whereby the respondents have been acquitted of the offence punishable under Ss. 323/34, 325/34 and 506- B of the Indian Penal Code.

(3.) Briefly stated, the prosecution case is that on 28/8/2009, the injured persons, namely Lallu Kushwaha and Mankunwar Kushwaha were admitted to the District Hospital, Chhatarpur for medical treatment, whereupon information was transmitted to Police Station Kotwali through the Police Outpost situated at the District Hospital, Chhatarpur. During the course of investigation, statements of the injured witnesses, namely Lallu Kushwaha and Mankunwar Kushwaha, as well as other prosecution witnesses, were recorded. Upon medical examination, and on perusal of the MLC and X-ray reports, the attending doctor opined that Lallu Kushwaha had sustained a fracture in his left leg. On the basis of the aforesaid, a First Information Report came to be registered vide Crime No. 471/2009 against the accused persons, namely Lakhan Lal, Hiralal, Manoj, Golu Kushwaha, and Geetabai, for offences punishable under Ss. 323, 294, 325, 506-B and 34 of the Indian Penal Code. During investigation, statements of witnesses were recorded. The accused persons were thereafter arrested. Upon completion of investigation, a charge-sheet was filed before the competent Court under Sec. 173 of the Code of Criminal Procedure. Upon committal, when the charges for the aforesaid offences were read over and explained to the accused persons, they abjured their guilt and claimed to be tried. In their statements recorded under Sec. 313 of the Code of Criminal Procedure, the defence of the accused persons is that accused Hiralal was excavating a latrine tank on his own land, when Lallu Kushwaha arrived at the spot and objected to the same and began hurling abuses. It is further their case that upon refusal, Lallu Kushwaha assaulted Hiralal with a spade, causing injury to his leg, in respect of which a report was lodged and medical treatment was obtained.