STATE OF MADHYA PRADESH Vs. DEEPAL SINGH

JUDGEMENT

(1.) This appeal by the State has been directed against the order of acquittal dated 31-9-1982, recorded by the Chief Judicial Magistrate, panna, in Criminal Case No. 638/82, acquitting the two respondents who were charged with the offences punishable under sections 294 and 325/34 of the Penal Code.

(2.) The complainant Meherban Singh (P.W. 1) and the respondents both are residents of village Chandravan, tahsil Pawai, District Panna The houses of the complainant and that of the respondents are closely situated in that village. In between their houses, there is said to be a Ghura belonging to Meherban Singh. According to the prosecution in the after-noon of 14.1.1980, when respondents were removing the Ghura of complainant Meherban Singh, it was objected to by him, were upon the respondents stated showering filthy abuses on him. The respondent No. 2 Ajit Singh gave him spade blow as a result of which Meherban Singh fell down and thereafter the respondent No. 1 Deepal Singh is said to have pulled him by his legs. Meherban Singh reported the incident to the police, on the basis of which an offence under sections 294 and 325/34 of the Penal Code was registered against the respondents.

(3.) Meherban Singh (P.W. 1) was medically examined by Dr. Rawat (P.W. 7) in the Primary Health Centre, Amanganj, who as per his report (Ex. P. 2) found a bruise in the left side of chest, another bruise in the left side of the back an abrasion in the left shoulder and some injuries in the chest.Dr. Bhattacharya (P.W. 9) took X-Rays of the chest of Meherban Singh and as per his report (Ex. p.5) found his 6th, 7th 8th and 9th rib fractured.