KEMALEE Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred under Section 374 (2)Cr. P. C. has been preferred being aggrieved by the judgment, finding and sentence dated 25. 07. 1994 passed by First Additional Sessions Judge, Shahdol in ST. No. 68/ 93, whereby the appellant has been convicted under Section 333 of I. P. C. and sentenced to R. I. for 3 years with fine of Rs. 100/- in default of payment of fine to further undergo S. I. for 1 month.

(2.) THE prosecution case in short is that on 04. 11. 1992 at 4:30 p. m. complainant basantilal was Secretary of Gram Panchayat, Bichhiya. He was standing at bichhiya Bus Stand near Betel shop of Bhola along with peon Babulal and was calling the members of Panchayat to convene the meeting. Appellant came there along with two other persons and asked him to include his name in the list of below Poverty Line but he stated to do so on Saturday when the next meeting shall be called. On this all the three accused persons grappled him and this appellant kemalee inflicted pump (used for filling the air in the cycle) on account of which he sustained injuries on his left leg. The report was lodged at police station Amlai on the same day wherein Crime No. 587/92 under Sections 353, 294, 332 read with Section 34 of I. P. C. was registered. The complainant Basantilal was sent for medical examination. His medical examination was done on the same day and injuries were found as mentioned in medical report Ex. P/5. X-ray was also done wherein the fracture of tibia and fibula lower 1/3rd (left) leg was found. X-ray report and x-ray plate were produced. On the x-ray report the offence under section 333 of I. P. C. was added. Map was prepared. Statements of the witnesses were recorded. Accused persons were arrested. After completing the investigation, chargesheet was filed in the Court of J. M. F. C. , Budhar who committed the case to the Sessions Court for trial.

(3.) ACCUSED persons were charged under Section 294, 333 and 506 B of I. P. C. They abjured the guilt and claimed to be tried mainly contending that they have been falsely implicated. Prosecution examined as many as 13 witnesses whereas the appellants also examined 2 witnesses in their defence. After appreciating the evidence trial Court acquitted Dadi and Kaushal Prasad Rao from all the charges levelled against them and this appellant was also acquitted from the charge under sections 294 and 506-B of I. P. C. but found guilty under Section 333 of I. P. C. and sentenced thereto as stated hereinabove in para no. 1 of this judgment. Being aggrieved by the judgment, finding and sentence, instant appeal has been preferred on the grounds mentioned in the memo of appeal.