DHEER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Applicant has filed an application u/s. 378 (3) of the Cr.P.C for grant of leave to appeal against judgment of acquittal of present respondents no. 2 Tulsiram and no. 3 Ranveer for offences punishable u/s. 326 and 324 of the IPC for causing grievous and simple injury by sharp cutting object to present applicant, passed by the Additional Judge to the Court of the First Additional Sessions Judge, Bhind dated 4 th of April, M.Cr.C. No. 16593/2018 Dheer Singh v. State of M.P and Ors. 2018 in S.T. No. 313/2012

(2.) It would be significant to mention here that the trial court has convicted respondent no. 2 Tulsiram u/s. 323 of the IPC for causing simple injury to Dheer Singh and sentenced him to undergo one year RI with fine of Rs. 1,000/- and trial court has also convicted present respondent no. 3 Ramveer u/s. 323 of the IPC for causing injury to Dheer Singh and sentenced him to one year RI with fine of Rs. 1,000/- with default stipulation and has also convicted and sentenced Ramveer u/s. 323 of the IPC for causing simple injury to another injured Keshwati. It would be significant to mention here that the trial court on 4.4. 2018 also decided cross/counter Sessions Trial No. 76/2013.

(3.) According to prosecution case on the date of incident on 28.8. 2012 at 11:00 am in village Reonja present respondent no. 2 Tulsiram and no. 3 Ramveer were cultivating agricultural land called " Nariyaoo Wala Khet" at that time complainant Ramsnehi (PW-3), Santram (PW-6) and Suneel (PW-9) were grazing their buffaloes. As the above mentioned field was belonging to complainant, respondents Tulsiram and Ramveer were denied from cultivating the relating field, then co-accused Tulsiram gave abuses to complainant Ramsnehi and each of the present respondents Tulsiram and Ramveer inflicted injuries by their separate axe (kulhadi) on head of Dheer Singh ( PW-6). Suneel and Keshwati (PW-8) tried to intervene then respondent Ramveer assaulted by fists which caused injury nearer to eye of Keswati. Incident was witnessed by Lakhan Sing and M.Cr.C. No. 16593/2018 Dheer Singh v. State of M.P and Ors. Jaisiram. On the date of incident at 5 pm complainant Ramsnehi gave oral intimation at Police Station Raun which was recorded as FIR (Ex. P-7) by Head constable Deena Nath. Present petitioner injured Dheer Singh and other injured were sent to hospital for medical examination. On 24.8.2012 at Samudaik Swasth Kendra, Dr. R.K. Sharma (PW-1) medically examined Dheer Singh and found a incised wound on his right parietal region of his skull appearing to be caused by sharp cutting object and three other contusions appearing to be caused by hard and blunt object were found at Dheer Singh's both hand and Dr. advised for radio-logical examination of Dheer Singh's head injury. In Dheer Singh's radio-logical examination conducted at District Hospital, Bhind radiologist Dr. R.K. Singh found fracture of right of skull region of parieto temporal region. After completing formal investigation, charge-sheet was filed before JMFC, Lahar who committed arisen criminal case to Sessions Court, Bhind.